+ Site Statistics
+ Search Articles
+ PDF Full Text Service
How our service works
Request PDF Full Text
+ Follow Us
Follow on Facebook
Follow on Twitter
Follow on LinkedIn
+ Subscribe to Site Feeds
Most Shared
PDF Full Text
+ Translate
+ Recently Requested

DNA labelling of varieties covered by patent protection: a new solution for managing intellectual property rights in the seed industry



DNA labelling of varieties covered by patent protection: a new solution for managing intellectual property rights in the seed industry



Transgenic Research 26(1): 87-95



Plant breeders' rights are undergoing dramatic changes due to changes in patent rights in terms of plant variety rights protection. Although differences in the interpretation of »breeder's exemption«, termed research exemption in the 1991 UPOV, did exist in the past in some countries, allowing breeders to use protected varieties as parents in the creation of new varieties of plants, current developments brought about by patenting conventionally bred varieties with the European Patent Office (such as EP2140023B1) have opened new challenges. Legal restrictions on germplasm availability are therefore imposed on breeders while, at the same time, no practical information on how to distinguish protected from non-protected varieties is given. We propose here a novel approach that would solve this problem by the insertion of short DNA stretches (labels) into protected plant varieties by genetic transformation. This information will then be available to breeders by a simple and standardized procedure. We propose that such a procedure should consist of using a pair of universal primers that will generate a sequence in a PCR reaction, which can be read and translated into ordinary text by a computer application. To demonstrate the feasibility of such approach, we conducted a case study. Using the Agrobacterium tumefaciens transformation protocol, we inserted a stretch of DNA code into Nicotiana benthamiana. We also developed an on-line application that enables coding of any text message into DNA nucleotide code and, on sequencing, decoding it back into text. In the presented case study, a short command line coding the phrase »Hello world« was transformed into a DNA sequence that was inserted in the plant genome. The encoded message was reconstructed from the resulting T1 seedlings with 100 % accuracy. The feasibility and possible other applications of this approach are discussed.

Please choose payment method:






(PDF emailed within 0-6 h: $19.90)

Accession: 057555454

Download citation: RISBibTeXText

PMID: 27567633

DOI: 10.1007/s11248-016-9981-1


Related references

Protection of intellectual property rights in Indonesia with particular reference to the seed industry. Seed production and marketing in Asia and the Pacific: Report of an APO Seminar, 14-23 September, 1993, Jakarta, Indonesia: 49-56, 1995

Evolution of the international intellectual property rights system: patent protection for the pharmaceutical industry and access to medicines. Cadernos de Saude Publica 23(2): 257-267, 2007

Intellectual Property Rights plant variety protection and patent. Mfp News: 1, 29-33, 2008

The importance of regulatory data protection or exclusive use and other forms of intellectual property rights in the crop protection industry. Pest Management Science 72(9): 1631-1637, 2016

Intellectual property rights and the private seed industry. Agricultural Economic Report Economic Research Service, US Department of Agriculture ( 654): v + 19pp., 1991

Managing severe acute respiratory syndrome (SARS) intellectual property rights: the possible role of patent pooling. Bulletin of the World Health Organization 83(9): 707-710, 2005

The impact of intellectual property rights in the plant and seed industry. Agricultural biotechnology and intellectual property: seeds of change: 161-171, 2007

Impact of intellectual property rights on the Indian seed industry. Indian Journal of Agricultural Economics 54(3): 370-379, 1999

Intellectual property rights, farmers movements and seed industry in India. 1995

Part 2: Farmers, landraces and property rights: challenges to allocating sui generis intellectual property rights to communities over their varieties. Rights to plant genetic resources and traditional knowledge: basic issues and perspectives: 173-202, 2006

Specificities of patent protection in the pharmaceutical industry: modalities and traits of intellectual property. Cadernos de Saude Publica 24(6): 1205-1218, 2008

Specificities of patent protection in the pharmaceutical industry modalities and traits of intellectual property. Cadernos De Saude Publica: 6, 1205-1218, 2008

Intellectual property rights in plant breeding and biotechnology: assessing impact on the Indian seed industry. Economic and Political Weekly 42(3): 231-240, 2007

How does stronger protection of intellectual property rights affect seed supply? Early evidence of impact. ODI Natural Resource Perspectives ( 13): 4 pp., 1996

Welfare impacts of intellectual property protection in the seed industry. American journal of agricultural economics 87(4): 951-968, 2005