Law School

Intellectual property (2023): Plant genetic resources


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Plant genetic resources describe the variability within plants that comes from human and natural selection over millennia. Their intrinsic value mainly concerns agricultural crops (crop biodiversity).

According to the 1983 revised International Undertaking on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organization (FAO), plant genetic resources are defined as the entire generative and vegetative reproductive material of species with economical and or social value, especially for the agriculture of the present and the future, with special emphasis on nutritional plants.

In the State of the World’s Plant Genetic Resources for Food and Agriculture (1998) the FAO defined Plant Genetic Resources for Food and Agriculture (PGRFA) as the diversity of genetic material contained in traditional varieties and modern cultivars as well as crop wild relatives and other wild plant species that can be used now or in the future for food and agriculture.

History.

The first use of plant genetic resources dates to more than 10,000 years ago, when farmers selected from the genetic variation they found in wild plants to develop their crops. As human populations moved to different climates and ecosystems, taking the crops with them, the crops adapted to the new environments, developing, for example, genetic traits providing tolerance to conditions such as drought, water logging, frost and extreme heat. These traits - and the plasticity inherent in having wide genetic variability - are important properties of plant genetic resources.

In recent centuries, although humans had been prolific in collecting exotic flora from all corners of the globe to fill their gardens, it wasn’t until the early 20th century that the widespread and organized collection of plant genetic resources for agricultural use began in earnest. Russian geneticist Nikolai Vavilov, considered by some as the father of plant genetic resources, realized the value of genetic variability for breeding and collected thousands of seeds during his extensive travels to establish one of the first gene banks. Vavilov inspired the American Jack Harlan to collect seeds from across the globe for the United States Department of Agriculture (USDA). David Fairchild, another botanist at USDA, successfully introduced many important crops (for example cherries, soybeans, pistachios) into the United States.

It wasn’t until 1967 that the term genetic resources was coined by Otto Frankel and Erna Bennett at the historic International Conference on Crop Plant Exploration and Conservation, organized by the FAO and the International Biological Program (IBP) “The effective utilization of genetic resources requires that they are adequately classified and evaluated” was a key message from the conference.

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