Like everything, it depends upon the country and the IP protection sought. Even in the U.S. with the most stupid IP laws, the standard PVP (plant variety protection) has what is called breeders rights. This allows a breeder or researcher to use the genetics for research or development of other products. In most countries around the world this is the only type of IP available.
In the U.S. every so often a dickhead gets a utility patent on a variety or inbred. This has fallen out of practice for any variety sold internationally as the patent is not respected once the plants cross the border. Instead they patent GMO or mutagenic traits. Since these can be inventions, they are usually protected internationally.
Like everything, it depends upon the country and the IP protection sought. Even in the U.S. with the most stupid IP laws, the standard PVP (plant variety protection) has what is called breeders rights. This allows a breeder or researcher to use the genetics for research or development of other products. In most countries around the world this is the only type of IP available.
In the U.S. every so often a dickhead gets a utility patent on a variety or inbred. This has fallen out of practice for any variety sold internationally as the patent is not respected once the plants cross the border. Instead they patent GMO or mutagenic traits. Since these can be inventions, they are usually protected internationally.