Abstract
In the past 25 years there has been a major shift in production and trade in the sector of horticulture. As a result of globalization and industrialization, a range of new countries have established themselves as important players on the horticultural market, increasingly replacing the traditional producers of the ornamentals and fruits. Furthermore, the latest groundbreaking developments in biotechnology and breeding techniques have strongly contributed to a continuous acceleration of innovation in the sector. In regard to these facts, the systems of Intellectual Property Protection for plant innovation are facing major challenges and are forced to keep pace with the developments of the market. The synchronization of national laws, the accession of all the UPOV members at least to the Convention of 1991, the elimination of the major weaknesses and the expansion of the scope of protection under UPOV 1991 are only some of the necessary steps which have to be undertaken towards the establishment of a strong IP Protection for ornamental and fruit varieties. This article presents a comprehensive yet brief overview of the existing systems of IP Protection for plant innovation, such systems as Plant Variety Rights, Patents and Plant Patents and pinpoints the assets and drawbacks of each. The terms harvested material, propagation material and propagation are explained and the necessity of their firm definition in the wording of the acting laws is emphasized. The differences between the PVR and Patents are demonstrated with the example of the breeders' exemption which is not comprised by the Patent laws. The presentation is concluded with a short introduction into the novelties of the "Leahy-Smith America Invents Act" 2011.