Newswise — Many plant breeders use plant variety protection laws to help ensure other breeders cannot copy or plagiarize their unique varieties. While these laws do not prevent others from breeding with commercially available varieties, it is possible to make cosmetic changes to protected varieties with minor mutations or transgenic technologies.

Most laws incorporate the concept of an “essentially derived variety” if it retains the essential characteristics of the original, giving the original owner retaining the rights of ownership of the new variety. This prevents breeders from making small genetic changes to a variety and retaining sole ownership. In order for these laws to be successful, plant breeders must have a method for determining what the essential characteristics of particular plant variety are. Comparing the conformity of molecular markers is considered a first step in this process. A team of researchers has recently published the method criteria and genetic markers for determining the essentially derived status of maize inbred lines. The results were published in the March/April 2010 edition of Crop Science, published by the Crop Science Society of America. Through the publications of this type of research, plant breeders can better protect their research investments and unique plant varieties. At the same time, it encourages breeders to develop new unique plant lines that both increase farm productivity and protect genetic resources. The laws regarding essentially derived varieties have implications for plant breeding, agricultural and horticultural production, and the sustainability of the genetic resource base. If plant breeders focused on cosmetic changes, genetic diversity would stagnate. Narrowing of the germplasm base would reduce progress toward improving productivity via genetic gain and would increase risk of crop failure due to insect, disease, or environmental stress, according to Stephen Smith of Pioneer Hi-Bred, who worked on the study. This study was funded by the American Seed Trade Association, which along with the International Seed Federation, has been encouraging research to help determine what constitutes an essentially derived variety. The collaborative study was conducted by Alex Kahler and Jonathan Kahlerof Biogenetic Services Inc., Steven Thompson of Dow AgroSciences, Ronald S. Ferriss, Elizabeth Jones, Barry K. Nelson and Stephen Smith of Pioneer Hi-Bred, and Mark Mikel at the University of Illinois.

The full article is available for no charge for 30 days following the date of this summary. View the abstract at http://crop.scijournals.org/cgi/content/abstract/50/2/486.

Crop Science is the flagship journal of the Crop Science Society of America. Original research is peer-reviewed and published in this highly cited journal. It also contains invited review and interpretation articles and perspectives that offer insight and commentary on recent advances in crop science. For more information, visit http://crop.scijournals.org

The Crop Science Society of America (CSSA), founded in 1955, is an international scientific society comprised of 6,000+ members with its headquarters in Madison, WI. Members advance the discipline of crop science by acquiring and disseminating information about crop breeding and genetics; crop physiology; crop ecology, management, and quality; seed physiology, production, and technology; turfgrass science; forage and grazinglands; genomics, molecular genetics, and biotechnology; and biomedical and enhanced plants.

CSSA fosters the transfer of knowledge through an array of programs and services, including publications, meetings, career services, and science policy initiatives. For more information, visit www.crops.org