Intellectual Property Rights for Breeder's Achievements in Bulgaria
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967 Bulgarian Journal of Agricultural Science, 24 (No 6) 2018, 967–974 Intellectual property rights for breeder’s achievements in Bulgaria Maria Markova University of National and World Economy, Sofi a, Bulgaria E-mail: [email protected] Abstract Markova, M. (2018). Intellectual property rights for breeder’s achievements in Bulgaria. Bulgarian Journal of Agricultural Science, 24(6), 967–974 The aim of this article is to present the author’s point of view and perspective on protection of the results of Bulgarian institutes, centers and other research units in the Bulgarian agriculture science as breeder’s achievements, to present analytical results and to outline the trends in the fi eld of agribusiness. Subject of this article are research inventive achievements in the agribusiness area in Bulgaria, especially plant variet- ies and animal breeds. The special point of the subject of the study is the protection of these results as intellectual property, particularly new varieties of plants and new animal breeds under the Law for Protection of Plant Varieties and Animal Breeds (LPNPVAB) as legislative requirements for protection according to the Law, legal results - quantitative trends and a factor analysis, the list of the main right holders of the protected breeder’s achievements. The practical focus of this article is the analysis of the registration activity of the Bulgarian researchers, scientifi c institutions and companies in agricultural biotech- nologies for the period of 1999-2017 (acting new LPNPVAB) within the Bulgarian patent offi ce as a national responsible authority in intellectual property rights. Keywords: intellectual property rights; breeder’s achievements; plant varieties; animal breeds; biotechnology in agribusiness Introduction opment Program, 2014-2020. The aim of these programs and the correct positioning The EU has a well-based strategy for building a knowl- and development of Bulgarian agribusiness based on innova- edge-based bio-economy and a working framework program tions is multifaceted in the following main directions: in the fi eld of agribusiness under the name „Food, agricul- – Creating and promoting resource effi ciency innovative- ture, fi sh farming and biotechnology“. The main objectives ness; of this framework program are the following: – Innovative, competitive and knowledge-based crops in • sustainable production and management of biological agriculture and aquaculture1; resources from land, forests and water as an environment; – A stable economic development (Miteva, 2017a; Mi- • operational program ‘From fork to farm’: food (includ- teva et al., 2017b); ing seafood), health and blogging; Modern biotechnology in Bulgaria‘s agribusiness is • life sciences, biotechnology and biochemistry for sus- based on the latest biotechnological techniques in the fi eld tainable non-food products and processes. of agriculture and animal husbandry and utilizing the latest As an EU Member State, Bulgaria is implementing work achievements of genomics, genetic engineering, chemical programs in the following areas relevant to biotechnology in agribusiness: Maritime Affairs and Fisheries, Rural Devel- 1www.eufunds.bg 968 Maria Markova engineering and cell technology. This makes it possible to The results of their R&D work are called biotechno- create new plant varieties and animal breeds that reduce the logical achievements in agriculture. The biotechnological risk to agribusiness entities from adverse climatic conditions achievements as a result of biotechnological research ac- and negative factors such as parasites, make crops and live- tivity are, by their very nature, intellectual products be- stock more sustainable and as a result they make economic cause these biotechnological products are creations of the gains. human mind, intellect and professional expertise. Gener- The R&D work and the innovations of the Agricultural ally, they are the results of long-term research, experi- Academy of Bulgaria - the leading research center in the Bul- ments, inventive efforts and talent, signifi cant investment garian agribusiness, are implementing as a total number 172 in creating a modern research base, training and support projects, of which 117 on a bilateral basis. The institutes run for highly qualifi ed staff. It is natural and logical to seek 55 projects funded and supported by various international in- economic motivation and return on costs invested for the stitutions - EU, Food and Agriculture Organization (FAO), In- mentioned before subfi elds. For this purpose, a proven ternational Center for Genetic Engineering and Biotechnology and well based mechanism is protection through the in- (ICCFB), Bio Cities International (Italy), International Atomic tellectual property system. This system has become an Energy Agency (IAEA), Corn and Wheat Improvement Center objective necessity and a catalyst for the development of (SIMMIT), International Center for Agricultural Research for biotechnology. These biotechnological achievements can Dry Areas (ICARD), etc. At present, the Agricultural Acad- fi nd a protection as intellectual property through a legal emy institutes participate in 13 EU FP7 projects, mainly in or factual monopoly. In particular: through patent for in- priority is „Food, Agriculture, Fisheries and Biotechnology“2. vention, utility model certifi cate, certifi cate of breeder’s Main participants in these projects are: AgroBioInstitute, achievements (new plant variety or new animal breed) or Sofi a; Dobrudzha Agricultural Institute, General Toshevo; keeping under confi dential information as a factual mo- Institute of Agricultural Economics, Sofi a; Institute of Orna- nopoly. The legal regulation of biotechnological achieve- mental Plants, Sofi a; Institute of Forage Crops, Pleven; Insti- ments as intellectual property is realized through special tute for Food Research and Development, Plovdiv; Institute legislation - conventions, laws, directives and other docu- of Animal Science, Kostinbrod; Institute of Cryobiology and ments, at international, European and national levels3. Food Technologies, Sofi a; Institute of Fruit Growing, Plo- The aim of this article is to present the author‘s point of vdiv; Institute of Mountain Stockbreeding and Agriculture, view on the topic of protection of these results of Bulgar- Troyan; Institute for Field Crops, Chirpan; Institute of Soil ian institutes, centers and other research units in the Bulgar- Science, Agrotechnology and Plant Protection “N. Push- ian agriculture sciences as breeder‘s achievements, to pres- karov“, Sofi a; Institute of Fisheries and Aquaculture, Plo- ent analytical results and to outline the trends in the fi eld of vdiv; Institute of Plant Genetic Resources, Sadovo; Institute the agribusiness area as a protected as intellectual property of Fish Resources, Varna; Institute of Tobacco and Tobacco rights. Products, Plovdiv; Institute of Agriculture, Kyustendil; Insti- The subject of this article is research inventive achieve- tute of Corn, Knezha; Institute of Vegetable Crops, Plovdiv; ments in the agribusiness area in Bulgaria, especially plant Institute of Agriculture, Karnobat; Institute of Agriculture varieties and animal breeds. The special point of the sub- and Seed Science „Obraztsov Chifl ik“, Rousse; Agricultural ject of the study is the protection of new varieties of plants Institute, Shumen; Agricultural Institute, Stara Zagora; Ex- and new animal breeds under the Law on Protection of New perimental Station on Rearing and Agriculture, Vratsa and Plant Varieties and Animal Breeds (LPNPVAB) as legisla- Experimental Station of Apricot and Agriculture, Silistra. tive requirements for protection according to the law, legal These and other scientifi c projects also involve some results as quantitative trends and a factor analysis, the list universities and research centers: Faculty of Biology of the of the main right holders of the protected breeder’s achieve- Sofi a University „Kliment Ohridski“ – Departments of Bio- ments. The practical focus of this article is the analysis of the chemistry, Plant Physiology, Genetics; University of For- registration activity of the Bulgarian researchers, scientifi c estry, Sofi a; Agricultural University of Plovdiv; Regional institutions and companies in agricultural biotechnologies agricultural parks – northwestern region – Vratsa; Central for the period of 1999-2017 (acting new LPNPVAB) within northern region – Pleven; Northeastern region – Shumen; Bulgarian Patent Offi ce as a national responsible authority in Southeastern region – Karnobat; South Central region – Plo- intellectual property rights. vdiv; Southwest region – Sofi a. 3 more information for the objects of intellectual property 2 www.agriacad.bg system are accessible on the website: www.wipo.int Intellectual property rights for breeder’s achievements in Bulgaria 969 Research Methodology In order for a plant variety to be protected, it must meet a number of conditions that apply cumulatively and are called Innovation in agribusiness as intellectual property protection criteria. They are the following: novelty, distinc- rights tiveness, homogeneity and stability. For innovations makers in agribusiness, also called The plant variety is new when, on the day the applica- breeder’s achievements makers, it is economic based to look tion for the certifi cate is submitted, the propagating material for legal protection for their achievements in the intellectual or the harvest thereof is not offered for sale, sold, subjected property system. The breeders ‘achievements,