Plant variety and the protection of biodiversity

Abstract

This work addresses the legal regime for the protection of plant varieties and biodiversity, given its relevance in the field of green biotechnology. The main objectives will be to review and contextualize the regulations regarding the protection of plant variety and biodiversity and define the differences between food security and sovereignty, and clarify the elements of the regulation of industrial property on plant varieties that influence the achievement of food security. The justification for its study focuses on providing clarity to national and international legislation, referring to the protection of the plant variety, as well as the analysis of its scope, its benefits and limitations, as well as the challenges it faces. The methodology that will be used will be the comparative study to investigate the existing regulations and analyze the differences between the different protection possibilities and the consequences of their application, taking into account the current economic development model. The results provide us with relevant aspects to the variety, as well as the requirements and importance of biodiversity in relation to the protection of the variety. The conclusions obtained allow us to answer the question of whether the current regulations for the protection of plant variety and biodiversity are appropriate? We believe that the answer lies with those who hope (or need) to sign agreements for the “fair and equitable” transfer of knowledge and genetic resources. Before trading, it is ideal that the starting positions are uneven. When the desire to increase production takes from Nature those bits of genetic diversity that are its safety mechanism, it does not take them precisely from industrialized countries and these bits are essential to adapt a plant to environments where the population is undernourished.