Talk:Intellectual property
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Sources
- Instruments and statutes: the UPOV Convention, 1991 Act, articles 1, 5, 7 to 9, 14, 15, 19 and 20; UPOV/INF/6/7 (October 2024), notes on article 1; UPOV's list of members (status on 27 February 2025); UPOV test guidelines TG/276/2 (August 2025); TRIPS Agreement, articles 15, 22 and 27; 35 U.S.C. 102, 161 and 163; 7 U.S.C. 2543 and 2544; India's Protection of Plant Varieties and Farmers' Rights Act, 2001, sections 2 and 39.
- Official records: the minutes of the US Plant Variety Protection Board for April 2019 and April 2020; USPTO Examination Guide 1-19 (2019); the final rule of 28 April 2026 (91 FR 22714); the Thai Department of Agriculture's notification of July 2021; US Patent 9,095,554 and US Plant Patent 27,475.
- Courts: J.E.M. Ag Supply v. Pioneer Hi-Bred (2001), syllabus; Conte v EUIPO, T-683/18 (2019); Reuters and Food Manufacturing for the Wrigley settlement of 2023.
- Scholarship: Chouvy (2024), International Journal of Drug Policy 129: 104479; Wyse and Luria (2021), Journal of Cannabis Research 3: 1; McPartland and Small (2020), PhytoKeys 144: 81–112. Andersen (2010) writes for a development magazine about crops in general and does not treat cannabis. Willamette Week (2018) is a column and carries the Open Cannabis Project's own statement of its aim.
Title of Chouvy 2024
The published title reads "International property rights", while the abstract and body discuss intellectual property rights throughout.
American hemp counts
Wyse and Luria report four American listings for Cannabis sativa, all approved in 2019. The board minutes of April 2020 report seven hemp applications since 24 April 2019, of which three had been approved and four were under examination. The 18 vouchers on GRIN-Global are a later count of a different thing: seed vouchers, not certificates.
Scope of the plant variety counts
Wyse and Luria's 434 comes from a search of the Community Plant Variety Office's database that took in rejected, examined and expired applications. It counts applications, not rights in force. Their count of 30 American plant patents takes in applications too.
Patent number of 'Ecuadorian Sativa'
Wyse and Luria name it USPP27475 and link the P2 kind code. The specification spells the name both 'Ecuadorian Sativa' and 'Equadorian sativa'. It gives the parentage in the words "said to be" and "said to have been".
"Variety" and "cultivar"
Chouvy holds that UPOV's "variety" means a cultivar in the sense of the Cultivated Plant Code, that "cultigen" is the wider word and that a landrace is a cultigen, neither a variety nor a cultivar. US Patent 9,095,554 uses "landrace" for material such as "a landrace of Haze", which is not the sense Chouvy, or Zeven whom he follows, gives the word. The patent's use of the word is its own and is no finding about those plants.
Registration in Thailand
The notification of 2021 concerns certificates of registered plant varieties under the Plant Varieties Act of 1975. It says nothing on exclusive rights.
Dates that will move
USPTO Examination Guide 1-19 predates the final rule of April 2026 and the amendment to the hemp definition, which takes effect 365 days after 12 November 2025. How the office applies its guide after either change is not stated in these sources.
Open question
Whether a named protected variety descends from a landrace can be read only from what each filing says about its parents. Filings often give parentage as the breeder's own hypothesis, as US Patent 9,095,554 does under "Hypothesized Genetics".