Intellectual property protection for plant varieties in the 21st century

Most genetic gains in U.S. maize (Zea mays L.) breeding come from pedigree breeding compared to more predictable backcrossing strategies. Historically, breeding access to proprietary maize germplasm was limited by trade secrets and heterotic group assignation. Advances in marker technologies, doubled haploidy and off-season nurseries have revolutionized the speed and efficiency of germplasm access and utilization. Immediate access and facilitated deployment of germplasm that is already widely used in cultivation reduces the effective level of intellectual property protection (IPP) that was previously in effect by virtue of plant variety protection (PVP). Consequences of reduced IPP include yet further development of hybrids that more closely resemble existing widely used varieties and reduced incentives for the private sector to broaden the adapted germplasm base from the introduction of exotic germplasm. Breeders worldwide should have the choice of using utility patents and/or a new form of PVP that includes a revised breeder exemption. These changes will promote investments in crop improvement, together with additional benefit sharing via royalty flows from the use of exotic and under-utilized germplasm, providing broader social benefits. Regular surveys of genetic diversity deployed on farms should also be undertaken because they represent an important component of national and global food security.