Protecting genetic resources

Many plant breeders use plant variety protection laws to help ensure other breeders cannot copy or plagiarise their unique varieties. While these laws do not prevent others from breeding with commercially available varieties, it is possible to make cosmetic changes to protected varieties with minor mutations or transgenic technologies.

Most laws incorporate the concept of an 'essentially derived variety' if it retains the essential characteristics of the original, giving the original owner the rights of ownership of the new variety. This prevents breeders from making small genetic changes to a variety and retaining sole ownership.

In order for these laws to be successful, plant breeders must have a method for determining what the essential characteristics of a particular plant variety are. Comparing the conformity of molecular markers is considered a first step in this process.

A team of researchers has recently published the method criteria and genetic markers for determining the essentially derived status of maize inbred lines. The results were published in the March/April 2010 edition of Crop Science, published by the Crop Science Society of America.

Through the publications of this type of research, plant breeders can better protect their research investments and unique plant varieties. At the same time, it encourages breeders to develop new unique plant lines that both increase farm productivity and protect genetic resources.

The laws regarding essentially derived varieties have implications for plant breeding, agricultural and horticultural production, and the sustainability of the genetic resource base. If plant breeders focused on cosmetic changes, genetic diversity would stagnate.

Narrowing of the germplasm base would reduce progress towards improving productivity via genetic gain and would increase risk of crop failure due to insect, disease or environmental stress, according to Stephen Smith of Pioneer Hi-Bred, who worked on the study.

This study was funded by the American Seed Trade Association which, along with the International Seed Federation, has been encouraging research to help determine what constitutes an essentially derived variety.

The collaborative study was conducted by Alex Kahler and Jonathan Kahler of Biogenetic Services Inc, Steven Thompson of Dow AgroSciences, Ronald S Ferriss, Elizabeth Jones, Barry K Nelson and Stephen Smith of Pioneer Hi-Bred, and Mark Mikel at the University of Illinois.

Crop Science Society of America