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Plant breeders' rights
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== Plants as intellectual property == There have been contrary opinions expressed by both lawyers and scientists assessing the general necessity for the protection of bred plant varieties as a form of intellectual property.<ref name=":2">{{Cite journal|last=Kloppenburg|first=Jack|date=2014-11-02|title=Re-purposing the master's tools: the open source seed initiative and the struggle for seed sovereignty|journal=The Journal of Peasant Studies|volume=41|issue=6|pages=1225β1246|doi=10.1080/03066150.2013.875897|s2cid=154646597|issn=0306-6150}}</ref><ref name=":3">{{Cite book|title=OMICS Applications in Crop Science|date=2013-11-27|publisher=CRC Press|isbn=9781466585256|doi=10.1201/b16352|last1 = Barh|first1 = Debmalya|editor1-first=Debmalya|editor1-last=Barh}}</ref> Currently, intellectual property rights protect ideas that can be demonstrated as being novel and undiscovered at the time of its legal claim as intellectual property.<ref name=":3" /> This definition of novelty, however, has been flexible throughout the history of intellectual property law, both internationally, and within the [[United States]].<ref>{{Cite journal|last1=Jondle|first1=Robert J.|last2=Hill|first2=Krista K.|last3=Sanny|first3=Tony|date=2015-11-12|title=Current Legal Issues in Intellectual Property Rights and Protection for Crop Plants|journal=Crop Science|language=en|volume=55|issue=6|pages=2496|doi=10.2135/cropsci2014.10.0693|issn=0011-183X}}</ref><ref>{{Cite journal|last=Palombi|first=Luigi|date=2014-06-30|title=The Patenting of Biological Materials in the United States: A State of Policy Confusion|journal=Perspectives on Science|volume=23|issue=1|pages=35β65|doi=10.1162/POSC_a_00158|s2cid=57560111|issn=1063-6145}}</ref> Expectations of future changes to the legal protection of plant-related forms of intellectual property differ from the legal requirements for the first plant patent.<ref>Cook, Robert C. βThe First Plant Patent.β Journal of the Patent Office Society 14 (1932): 398β403.</ref><ref>{{Cite news|url=http://mewburn.com/resource/article-future-of-protecting-plant-related-innovations/|title=Article: Future of protecting plant related innovations - Mewburn Ellis|work=Mewburn Ellis|access-date=2017-05-05|language=en-GB|archive-date=2016-05-28|archive-url=https://web.archive.org/web/20160528100543/http://mewburn.com/resource/article-future-of-protecting-plant-related-innovations/|url-status=dead}}</ref> Proponents of these laws recognize an overarching need for the financial support of research and development. [[Agriculture|Agricultural]] research and development, for example, has been specified as a particularly demanding endeavor, with respect to immediate concerns for the ability to sustainably feed an increasing global population.<ref name=":12"/><ref>{{Cite journal|last1=Lence|first1=Sergio H.|last2=Hayes|first2=Dermot J.|last3=Alston|first3=Julian M.|last4=Smith|first4=John Stephen C.|date=2016-02-01|title=Intellectual property in plant breeding: comparing different levels and forms of protection|journal=European Review of Agricultural Economics|volume=43|issue=1|pages=1β29|doi=10.1093/erae/jbv007|issn=0165-1587|doi-access=free}}</ref> On the contrary, some believe that a more diverse approach than the imposition of intellectual property rights laws upon new plant varieties is required.<ref name=":12" /><ref name=":2" /> This counter argument asserts that complex social, cultural, and economic factors affect the nature of intellectual property and its protection. A specific concern within this argument is with the means by which seeds are accessed within different local and international regions.<ref name=":12" /> Recognizing that this process is extremely transient in nature and can vary greatly over time, supporters of this argument purport that this diversity must be reflected within intellectual property rights laws in order for them to exist as an effective protection of plant breeders' rights.<ref name=":12" /> As a result of this conflict concerning authority over seeds, new legislation has been implemented in the United States.<ref name=":2" /> The [[Open Source Seed Initiative]] (OSSI) is a national attempt that has been introduced within the United States, and is the first of its kind to model its approach regarding plant breeders' rights upon the mechanisms implemented by openly sourced software mechanisms.<ref name=":2" /> Subsequent discourse on this approach has arisen, as concerns with the use of open source technology within a legal framework have developed. Some perceive OSSI as having significantly limited plant breeders' ability to access intellectual property rights for new plant varieties.<ref name=":2" /> This has resulted in claims that funding for research and development in this sector will also decline.<ref name=":2" />
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