The legislation would introduce new
protections for plant breeders, including a longer term of protection, as well as a farmers» privilege to use harvested seeds from the plant varieties they grow on their own holdings to propagate such plant varieties on those holdings.
Not exact matches
The changes to
breeder rights are intended to implement the International Convention
for the
Protection of New Varieties of
Plants.
Businesses developing new cannabis varieties should look into patent, trade secret or
plant breeders» rights
protections for their product — and the earlier the better.
«Patent and
plant breeders» rights applications have already been filed, and we have some issued patents on processes to do with cannabis already, so it's definitely important to at the very minimum be aware that some people may have registered IP rights already in this area so you're not infringing on the rights of others even if you may not want to file
for protection yourself,» Curcio says.
Whether or not the various means of
protection are applicable to their business, clients should consider a defensive strategy to recognize these rights may exist in other businesses and they should also consider an offensive strategy to consider whether applying
for a patent or
plant breeders» rights or to keep their invention or strain secret is applicable to them, she adds.