INTELECTUAL PROPERTY RIGHTS, PLANT BREEDING AND NURSERY PRACTICE

The term Cultivar is an abbreviation of the English words cultivated and variety. A Cultivar is the result of plant breeding. In the history of man numerous Cultivars have been created of cereal grains, fruit, vegetables, industrial plants, ornamental plants and forest trees. New products or new Cultivars are sold on the market for profit. Protection of the Cultivar as intellectual property ensures apart of the profit goes to the innovator. i.e. the plant breeder A Cultivar can be in the form of a clone or in the form of improved seed, and therefore two characteristic strategies are deployed: protection of the intellectual ownership of the plant breeder (Plant Breeder Right, PBR) and protection of the commercial name (Trade Mark, TM).