ARTICLE · 25 JUNE 2021

IP Protection For Vegetatively Reproduced Plants: New Paths Forward

Cooley LLP

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"All of the important fruit-crop plants in the United States and many of ornamentals, potatoes, and several nut and forest trees are primarily reproduced through vegetative (asexual) means

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Marcelo Pomeranz

Erich Veitenheimer

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"All of the important fruit-crop plants in the United States and many of ornamentals, potatoes, and several nut and forest trees are primarily reproduced through vegetative (asexual) means. Among this group of asexually reproduced plants is the US ornamental flower industry, which in 2019 had an estimated $12 billion in sales. Also included in this category is the booming US cannabis market, which mostly relies on asexual propagation and is on track to hit $15.8 billion in sales in 2020. Despite their economic importance, asexually reproduced plants have suffered from limited access to intellectual property (IP) protections."

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