Intellectual Property Rights for Fruit Crops

Abstract

The intellectual property protection of fruit cultivars has escalated in recent years and this trend will continue using various protection options, primarily plant patents (U.S.A.), plant breeders rights (worldwide), and trademarks, with minimal use of utility patents or plant variety protection (U.S.A.). Contracts and licensing are an integral part of the protection process, whereby the terms of the assignment of rights for propagation or other use of the protected cultivar are defined between the owner of the rights and licensee. In the area of testing, material transfer agreements are very important in sharing of germplasm for testing and the terms of these are extremely critical in defining the use of the test material. A potential area of expansion in fruit breeding is in formal breeding agreements, in which germplasm is shared. These agreements can be executed between public and private entities or within public institutions. Expansion of the use of these various protection, testing and breeding options will occur, allowing increased monetary income to breeding programs while increasing the complexity of commercialization and use of fruit cultivars.