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V. Plant Breeders’ Rights (4/5) -- Canadian Intellectual Property Law

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V. Plant Breeders’ Rights

V. Plant Breeders’ Rights Sonja Gashus A. Introduction 1. What is Plant Breeding? The act of plant breeding is to intentionally manipulate a plant species to produce a plant variety with desirable characteristics. What is a Plant Variety? The term species is a familiar unit of botanical classification within the greater plant kingdom. However, it is clear that within a species there can be a wide range of different types of plants. Farmers and growers need plants with particular characteristics and that are adapted to their environment and their cultivation practices. A plant variety represents a more precisely defined group of plants, selected from within a species, with a common set of characteristics. Figure 1: Introduction to UPOV (multimedia presentation) Plant breeding is conducted by breeders who use various techniques to create new varieties, including those of an agricultural and ornamental nature. Techniques used by plant breeders have developed significantly over time as a result of innovation and technological advancements. Ultimately, the goal of plant breeding is to improve existing plant varieties by breeding new varieties with more beneficial characteristics, such as improved yield, resistance to pests and other environmental factors, as well as varieties with desired aesthetical features. Importance Plant breeding is directly correlated to the needs of society. Plants help to feed the human population and can fuel industry and economic growth in developing countries. Developing plants with better performance better allow for such needs to be met. The second of the United Nations Sustainable Development Goals is to “[e]nd hunger, achieve food security and improved nutrition and promote sustainable agriculture.” However, in 2019 the Food and Agriculture Organization of the United Nations estimated in State of Food Security and Nutrition in the World publication that 690 million of the global population were undernourished and two billion people experienced hunger or did not have access to nutritious food. Coupled with continued population growth, a percentage of the population will not be provided with adequate food, one of the most basic human needs. Improving plant varieties allow plants to be produced with a higher yield, longer lifespan, and greater tolerance to external factors, in addition to increased nutritiousness. By advancing plant performance in the growing process, accessibility of food is increased as a result of greater quantity and a lower cost of growing and for consumers. More efficient production of plants also may produce greater feed for animals, contributing to food supply. Another major challenge to food production is climate change. Unstable climate conditions, more frequent and severe drought and flooding, as well as a higher pressure for insects and disease, present a difficult environment for growers and producers. With continuous and innovative plant breeding, the impact of climate change on the food sup
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