Intellectual Property Protection of Plant Variety & its Influence on Agricultural Enterprises
Date Issued
2015
Date
2015
Author(s)
Kuo, Ching-Ching
Abstract
The tremendous progress in agricultural productivity in various parts of the world is largely based on improved varieties. Taiwan is located at the Tropic of Cancer and subtropical zone, and has extremely rich resources of plants, ranking ahead by species abundance in the world. Our agriculture has fully supplied our commissariat, stabilized wage and commodity prices, and still has primary products selling abroad for earning foreign exchange, in order to import industrial facilities and raw material. It has great contribution to industry and over all economics. Agricultural Environment conditions of Taiwan are complex, can still create agricultural miracle of Taiwan experiences on seeding, improving yield and quality; because the Taiwan plant propagation and breeding techniques are well developed, and agricultural research and development personnel are prospered. From the middle of the AVRDC, Agricultural research and extension Station, Agricultural experiment station, to farmers on the films, All with world-class farming technology. In order to keep up with international R&D of plant varieties, elaboration proposed by the government in recent years, the Ministry of Economy draft amendments to the Patent Law, to open Patent flora and fauna, Strengthening protection mechanisms of R & D results. However, whether it should be open has caused considerable controversy. In this research, it started with “knowledge economy” to explore the nature of the patent. As the capitals become globalization, cause of “economic activities internationally."" History by the patent, patent system originated in the social history of mercantilism, and developed In the process of rivalry. So the patent system is closely related with the social economic environment and political system. However, in many creative industries, the patents often become tools to suppress others’ innovation. Modern agriculture has been able to meet the exploded population’ needed, the most important factor is that green revolution gave birth to ""high yielding varieties"". Since the agricultural model of green revolution costs expensive, Production has gradually decline. Developed countries called for a ""second green revolution""-- Gene Revolution, Expanded the application of biotechnology, in order to response to unusual weather and population growth. Nearly a century, scientific plant breeding has accelerated the erosion of the original crop species. Those food species for mankind to substance were pass off more than half in the past 100 years. However, after years of promotion of GM crops that they are neither conducive to enhance the yield, nor resistance to pests and diseases. GM crops not only damage the ecological environment, but induct plant species to be simplification, and oriented economy scales to be widening. The area lack of food can’t afford the high licensing fees of GM seeds, mostly make a living by organic farming. In order to encourage breeders strive to introduce new varieties, improve agricultural development to ensure the competitiveness of agriculture, has laws to protect intellectual property rights of breeders. As to traditional crop production, Seed is not only a beginning, but an important media of technology transformation, and also key to Biodiversity. The most common way of plant variety protection is ""plant breeders'' rights"", and the international plant new variety protection organization is ‘International Union for the Protection of New Varieties of Plants, UPOV’. The ROC officially participated in the World Trade Organization on Jan. first, 2002. After becoming its members, ROC shall comply with the relevant regulations and fulfill commitments for membership negotiations commitment, to perform variety of specifications including the Agreement on Trade Related Intellectual Property Rights (TRIPS). ROC conformed to this global trend and developed and implemented of ""Plant Seed Act"" variety rights registration system on 1988, according to the regulation of International Union for the Protection of New Varieties of Plants, UPOV(1978 TEXT). After that, in response to the trend of international protection of plant varieties and compensate for the lack of regulation of plant varieties, ROC amended ""Plant Seed Act"" to” The Plant Variety and Plant Seed Act” on Jun 30, 2005; according to UPOV 1991 Convention and other relevant laws and regulations of Europe and other developed countries. In recent years, technology powerhouse has developed genetic engineering technology, new plant varieties breeding tripping from traditional methods. Breeders, seed /biochemical companies turn to more exclusive patent rights. Because just after breeding program, they can transfer the original crop material of ""mankind''s common assets"" to private properties not new but belong to the company. Even though, most countries clearly listed in their patent laws that plant varieties can’t be patented, the main reason is that traditional plant variety selecting process is a known technology, not a new invention which is a key element to obtain patent protection. Patent law’s over protected on plants, not only induced unfair competition lawsuits between large agricultural enterprises, but also make 70% global seed international trade controlled by big corporations, and to seize the developing space of many small companies and farmers. In this research we found that Plant utility patent system is developed to meet business needs, not to be established for general breeders. Now those multinational seed giants are no longer ordinary commercial companies. As large as Monsanto is, not only can manipulate the global market system, but form a worldwide new power patterns though the global market system. Monsanto''s gene strategy is part of the U.S.A National Strategy. They forced opening all the barriers between countries using WTO Agreement on Agriculture and implementing TRIPS, coupled with weapon of seed patent, not only made many agro-rich countries lost food self-sufficiency, but their economic decisions were lost within the hands of multinational corporations. Monsanto hold t gene patents and seed patent as shield, not allowed farmers reserved seeds and independent research, these specifications limit the farmers'' habits and genetic resources of crops. The original design purpose of intellectual property, is to give back and pay attention to knowledge and creativity; not just like GATT, TRIPS, or TPP our country draw up to join in recent years discussed on the globalization platform, were shown that intellectual property rights are existed regulations for single knowledge; in order to replace other ways of acquiring knowledge, as well as other knowledge-sharing modes. The expansion of plant utility patent protection, and usage of biological patents by the US court, has resulted in global independent seed company depression over the past decade. Since the developed countries approved biotech patents have gradually floating abuse trends, caused many patented technologies idle as ‘the tragedy of the anticommons’. In order to solve the problem of patented technology uses shortage, ""open biotechnology"" concept is pursuing between the international communities. Many advocates that genetic information should be public, remain in the public domain, further proposed that bioinformatics should follow the examples of free, open mode of software programs; and use the way of ‘open source genomics’ to keep gene information public and the flow freely. Let the potential monopolist had no chance using the excuse of protection of intellectual property to monopolize the market. The legal basis is that do not give up all existing intellectual property protection framework, just give up only part of the author''s exclusive right; but use the contract for expansion in a manner to ensure that subsequent users’ open authorization. Plant patents protect GM crops; simplification of GM crops is the killer of biodiversity. Under smallholders’ intensive farming system, its output are higher than the single-crop system if consider of biodiversity. Fertilizer and pesticides used within ‘green revolution’ are seriously damage the environment. And ‘Greening agriculture’ of friendly environment can not only increase profits of smallholders, but provide biodiversity and help to overcome climate changing. In this research found that ROC agricultural development niche is ‘Smallholder System’ Agriculture paradigm transition is transform from Green Revolution and Gene Revolution to Grassroots revolution. The category of Grassroots revolution is to promote small-scale, organic / natural / ecological agricultural production system. There’s no multinational agribusiness as large as Monsanto in Taiwan, and many pioneer type of invention has long been patented by foreign firms. It is the conclusion that patent protection of agricultural research results is unfavorable to plant species’ innovation.
Subjects
Plant Variety
Intellectual Property Protection
Agricultural Enterprises
Type
thesis
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