Contrary to popular belief, cannabis doesn’t just grow like a weed. A lot of effort has to be put into it from planting to harvest. However, even before the farmers get their hands on hemp seeds, someone has to breed hemp them so that they are suitable for cultivation.
The Farm Bill of 2018 did more than legalize the cultivation, handling, and sale of hemp and hemp products. The legislation introduced options for these hemp breeders, the protection of the proprietary genetics of their seeds, and legal recourse for violated patents.
CBD has, over the years, proven its effectiveness against a variety of diseases ranging from chronic pain to high blood pressure. The 2018 Farm Bill allowed farmers to cash in on the in-demand crop finally. Hemp has a ton of strains and varieties. Some are designed to grow in certain climates or with certain traits that consumers desire, and each strain affects the body differently. Hemp breeders play around with the genetics of the plant to create new strains that work on the body in different ways.
The process of creating a new breed is long and arduous. It involves repeated cycles of hybridizing, growing, trialing, and selecting until the new strain is perfected. The Farm Bill classifies these breeds as intellectual property and gives hemp breeders options to protect their breed’s unique genetics from theft. The protection options provided for hemp breeders by the 2018 Farm Bill include;
Plant Variety Protection (PVP), which used to be off-limits to hemp breeders before Congress passed the bill. The United States Department of Agriculture opened its Washington DC offices to them soon afterward. A PVP certificate lasts up to 20 years, is recognized worldwide, and helps expedite protection applications in other countries.
Plant Patents can be used by both marijuana and hemp breeders of asexually propagated or clonal varieties. The patent is issued by the U.S. Patent and Trade Office (USPTO), and the protection it offers is only limited to plants’ key characteristics such as resistance to disease and dampness.
Utility Patents are the best option as they offer the most protection available under federal law. The patent covers the creation of a new or improved product, process, or machine. Marijuana breeders will be pleased to know that the patents cover both sexually and asexually propagated new varieties, and they can make multiple claims to cover the specific elements of the plant. Utility patents also protect genes, traits, methods, and plant parts.
Material Transfer Agreements (MTA) allow a breeder who has patented their intellectual property to license it to another breeder. It is a contract between two parties protecting the owner’s intellectual property while allowing the licensing party to reach new breeding goals.
Analysts believe that the entire hemp industry, including companies like Neutra Corp. (OTC: NTRR) and The Green Organic Dutchman Holdings Ltd. (TSX: TGOD) (OTCQX: TGODF), is happy that hemp breeders can protect their work from unauthorized use.
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