**1. Introduction**

388 Ecosystems Biodiversity

Wahl, O. & Ulm, K. (1983). Influence of pollen feeding and physiological condition on

Waller G.D. (1972). Evaluating responses of honeybees to sugar solutions using an artificial feeder. A*nnals of Entomological Society of America*, Vol.65, pp. 857-861. Wille, H.; Imdorf, A.; Buhlmann, G.; Kilchenmann, V. & Wille, M. (1985). Beziehung

Winston, M.L. (1987). *The Biology of the Honey Bee*. Harvard University Press, Cambridge,

106-128.

UK.

*Suisse*, Vol.58, pp. 205-214.

pesticide sensitivity of the honey bee *Apis mellifera carnica*. *Oecologia*, Vol.59, pp.

zwischen Polleneintrag Brutaufzucht und mittlerer Lebenserwartung der Arbeiterinnen in Bienenvölkern (*Apis mellifica* L.). *Bulletin de la Société Entomologique* 

> Farming and plant breeding have been closely associated since the early days when crops were first domesticated. Plant breeding was built on biodiversity and on the work of 10,000 years of farmers's selection and some generations of breeders. Without understanding the science behind it, early farmers saved the seed from the best portion of their crop each season. Over the years, they selected the traits that they liked the best, transforming and domesticating the vegetable crops they grew. Every vegetable product we see on the market has benefited from plant breeding in one way or another. New varieties were created by breeders by making use of the total genetic information that was present in a gene pool. Access to that genetic variation, the biodiversity, was required to achieve variety improvement.

> In the 18th and 19th centuries the Vilmorin-Andrieux family, owner of the first commercial seed company, played an important role in a number of theoretical and technical advances in commercial vegetable breeding, such as producing the first vegetable seed catalog for horticulturists, developing the principles of genealogical breeding programs, improving seed quality through cross-breeding initiatives, and creating disease-resistant and hybrid varieties of vegetables (Gayon & Zallen, 1998). In 1856 Louis Vilmorin published "*Note on the creation of a new race of beetroot and considerations on heredity in plants*" establishing the theoretical groundwork for the modern vegetable breeding industry. The first suggestion to exploit hybrid vigor or heterosis in vegetables was made by Hayes & Jones (1916) for cucumber. Commercial hybridization of vegetable species began in the United States in the middle 1920s with sweet corn, followed by onions in the 1940s. Since that time, private breeding companies have been placing more and more emphasis on the development of vegetable hybrids, and many species of vegetables have been bred as hybrid varieties for the marketplace. Besides heterosis, hybrids also allow breeders to combine the best horticultural traits and multiple disease and stress resistances. Furthermore, if the parents are homozygous, the hybrids will be uniform, an increasingly important trait in commercial vegetable market production. The creation of vegetable hybrid varieties requires homozygous inbred parental lines, which provide a natural protection of plant breeders' rights without legal recourse and ensure a market for seed companies.

Biodiversity and Vegetable Breeding in the Light of Developments in Intellectual Property Rights 391

with the seed production costs and include the grower-shipper*/*processor and the end user. If any link in this sequence of events is weak or broken, the new variety will likely fail. Biotechnology is a new, and potentially powerful, tool that has been added by all the major seed corporations to their vegetable breeding research programs, and is part of ongoing public research for developing transgenic vegetable projects. It can augment and*/*or accelerate conventional variety development programs through time saved, better products, and more genetic uniformity, or achieve results not possible by conventional breeding. In 2008 the global vegetable seed market was estimated at US\$3.5 billion with the following shares of vegetables: solanaceous (30%), cucurbits (21%), roots and bulbs (16%), brassicas (13%), large seed (13%), leafy and other (7%) (Monsanto, 2009). In the last 8 years global commercial vegetable seed sales had an annual growth rate of 5.8% (Dias, 2010). This expansion of seed market is due to globalization of commercial seed market (more countries using commercial seed), more farmers within these countries purchasing seed and gradually

There are now over 6.8 billion human beings inhabiting this planet, and it has been projected that world population growth may exceed 70 million annualy over the next 40 years. It is expected to reach approximately 9.5 billion by 2050, when approximately 90% of the global population will reside in Asia, Africa and Latin America countries. With the increase in world population and consumption, and the advent of a high degree of added value through biotechnology, the global market of vegetable seeds is expected to expand in

In recent times, there have been new challenges in the vegetable breeding and patenting domain. The objective of this paper is to discuss these challenges and to highlight the importance of biodiversity, plant breeding and improved vegetable varieties as key to modernize the vegetable production and to alleviate some protective measures that can

Vegetables make up a major portion of the diet of humans in many parts of the world and are considered essential for well-balanced diets since they supply vitamins, minerals, dietary fiber, and phytochemicals and have been associated with improvement of gastrointestinal health –good vision, and reduced risk of heart disease, stroke, chronic

"Hidden hunger" or micronutrient deficiency is a pernicious problem that is caused by a lak of vitamins and minerals such as vitamin A, iodine and iron in the human diet and affects the health of between 2 and 3.5 billion people in the developing world (Pfeiffer & McClafferty, 2007). The consequences of micronutrient deficiency are: higher mortality, higher morbidity, lower cognitive ability and work productivity, and impaired growth and reproduction. Vegetables, due to their biodiversity, with increased available iron, zinc, and caroten, and enhanced protein quality could greatly improve the nutrition, health, and quality of life of these people. Diversifying diets with vegetables is a potent weapon in the current global battle against malnutrition. Food security and nutrition is not only about solving the urgency in the short-term; it must also address the long-term issue of poverty alleviation and economic growth. Greater investment in agriculture, including breeding and variety development, more effective development aid, and reforms to trade and domestic

create obstacles for innovation, and risks for biodiversity and food security.

diseases such as diabetes, and some forms of cancer (Keatinge et al., 2010).

increasing prices of seeds.

**2. World importance of vegetables** 

policies are all part of the solution.

future years.

In the 1970's breeders' rights protection has been provided through International Union for the Protection of New Varieties of Plants (UPOV), which coordinates an international common legal regime for plant variety protection. Protection was granted for those who develop or discover varieties that are new, distinct, uniform, and stable. Varieties may be either sexually or asexually propagated. Coverage is for 20 years for herbaceous species. Protective ownership was extended by UPOV in 1991 to include essentially derived varieties. At the same time, the farmer's exemption (that permitted farmers to save seed for their own use) was restricted, giving member states the option to allow farmer's to save seed. In addition, after 1998 in Europe, and 2001 in the United States plant breeding companies can take advantages of patent laws to protect not only the variety itself but all of the plant's parts (pollen, seeds), the progeny of the variety, the genes or genetic sequences involved, and the method by which the variety was developed. The seed can be used only for research that does not include development of a commercial product i.e., another variety, unless licensed by the patent older. The patents are considered the ultimate protective device alowing neither a farmer's exemption nor a breeder's exemption (that permitted that the protected variety could be used by others in further breeding to create new varieties).

Research and development (R&D) for improved seed development is expensive. Such product protection has presented a business incentive to corporations to invest in the seed industry, which supported an enormous increase in private R&D leading to strong competition in the marketplace between the major seed companies. The majority of current vegetable varieties sold nowadays are proprietary products developed by private R&D. A significant consequence of this increase in R&D has been a reduction in public breeding programs. As a result, the cost for R&D to develop new varieties is shifting from the publicly supported research programs to the customers of the major seed companies.

One of the main factors that determine success in vegetable production is biodiversity and genetic capacity. No practical breeding program can succeed without large numbers of lines (genotypes) to evaluate, select, recombine and inbreed (fix genetically). This effort must be organized, so valid conclusions can be reached and decisions made. Scientists, breeders, support people and facilities, budgets, and good management are requirements to assure success in the vegetable seed business. Science must be state-of-the-art to maximize success in a competitive business environment. Since the continued need for fundamental breeding research is critical to support development of new technology and expansion of the knowledge base that supports variety development, competition among proprietary varieties results in owner-companies striving to do the best possible research to develop their own products and to compete on genetic and physiological quality of vegetable seed in the marketplace. Reasonable profit margins are necessary to pay back the R&D costs to the owner and to fund future research on developing even better vegetable varieties to stay competitive. There is considerable genetic variation within the various vegetable species, which can be exploited in the development of superior proprietary varieties. The consequences of this dynamic situation will mean relatively short-lived varieties replaced by either the owner of the variety or a competitor seed company. This intense competition means constantly improved and more sophisticated varieties for the vegetable industry. Seed companies are in the business of manipulating genes to improve plant variety performance for a profit. The success of the research is judged by the success of the product in making a reasonable profit. The research must improve economic performance starting with the seed production costs and include the grower-shipper*/*processor and the end user. If any link in this sequence of events is weak or broken, the new variety will likely fail.

Biotechnology is a new, and potentially powerful, tool that has been added by all the major seed corporations to their vegetable breeding research programs, and is part of ongoing public research for developing transgenic vegetable projects. It can augment and*/*or accelerate conventional variety development programs through time saved, better products, and more genetic uniformity, or achieve results not possible by conventional breeding.

In 2008 the global vegetable seed market was estimated at US\$3.5 billion with the following shares of vegetables: solanaceous (30%), cucurbits (21%), roots and bulbs (16%), brassicas (13%), large seed (13%), leafy and other (7%) (Monsanto, 2009). In the last 8 years global commercial vegetable seed sales had an annual growth rate of 5.8% (Dias, 2010). This expansion of seed market is due to globalization of commercial seed market (more countries using commercial seed), more farmers within these countries purchasing seed and gradually increasing prices of seeds.

There are now over 6.8 billion human beings inhabiting this planet, and it has been projected that world population growth may exceed 70 million annualy over the next 40 years. It is expected to reach approximately 9.5 billion by 2050, when approximately 90% of the global population will reside in Asia, Africa and Latin America countries. With the increase in world population and consumption, and the advent of a high degree of added value through biotechnology, the global market of vegetable seeds is expected to expand in future years.

In recent times, there have been new challenges in the vegetable breeding and patenting domain. The objective of this paper is to discuss these challenges and to highlight the importance of biodiversity, plant breeding and improved vegetable varieties as key to modernize the vegetable production and to alleviate some protective measures that can create obstacles for innovation, and risks for biodiversity and food security.
