The UPOV system of PVP needs to adapt to the realities of the different stages of development of the countries, much like it is already being done with the essential pharmaceuticals needed to address diseases like AIDS, or to increase the rate of vaccination to lower the infant mortality rates. In this cases the owners of the IP for such products are waiving the stringent protection that the IP law system confer to them in the developed world, by doing this they are not going bankrupt, and they are contributing to raise the quality of life in those places.
In the end that is more beneficial to the society at large than the economic payments not realized. Evaluated on by Niels Louwaars. Humberto, I appreciate your analysis. You stress the need to allow for countries with different development stages to adapt their PVP system accordingly. I agree, but to add to this - different crops or farming systems within!!
The UPOV system does allow for some differentiation, but only "upwards" , i. Sent on by Emmanuel Okogbenin. It is thus more stringent in granting protection on all criteria.
Howver, I have reservations concerning two points on the issue of rights and exemptions. Under rights, farmers priviledge is highly curtailed. This may work adversely against the interest of farmers in poor countries where poverty levels are still critical and where peasant farmers depend on their produce for income.
The EDV concept can be really complicated and could slowdown the process of having new varities released and this could be a great disadvantage. Emmanuel Evaluated on by Niels Louwaars. Dear Emmanuel, I agree with your analysis. The EDV concept is necessary to avoid 'cosmetic breeding' but I agre ethat it may give rise to problems int he implementation.
However, officals granting breeder's rights are not involved in possible quarrels that may delay release of new varieties - it is the responsibility of the breeders of the new and of the original variety to 'fight it out'.
Sent on by Carmen de Vicente. The Act of was less restrictive. I assume that the need for the Act of resulted to correct situations of abuse, so as breeders and breeding companies are better protected.
This seems more desirable because it encourages progress. However, this applies only to those countries that are under the UPOV system, right? What happens with those that are not? Related to the EDV situation, are there any accepted procedures to "fight it out"? If not, what about a new variety that just carries an introgression of a small chromosome segment with a desirable gene, as a result of marker-assisted selection? Due to political and trade pressures more an dmore countries now join, that may not benefit very much from the strengthened rules.
Countries that are not a member. The situation that you describe is a typical EDV issue. If the insert is expressed, the new variety can be protected as an independent variety. However, if the breeder considers that the new holder of the right only made a minor change, he can claim that the new variety is an EDV and that marketing of the seed requires his consent and in practice a splitting of the market or a sharing of revenue.
The PVP authorities are not party to this dispute. Sent on by Raj Kumar Niroula. The UPOV act seemes to be an improvement over It is quite strigent in granting Plant variety protection. However, I found that this act restricts the farmers right, which is disadvantage to farmers of developing countries.
Moreover, the concept of edv in act distracts the attitude of plant breeders, which brings quarellel among breeders and reduces the active colaborations in breeding programmes. Sent on by Feng Ling Fu. I think the exemption entry,especially for futher breeding,it is more restricted for breeding workers.
But this protect the commercial benifit of those organisation who success at first, I desire whether this situation would promote the monopoly, yes, this is very disadvantage to the followers. Moreover, the UPOV system does not govern the use of non-protected varieties nor the implementation of policies and legislation related to the use of non-protected varieties.
Such authorisation shall be required, however, when the repeated use of the variety is necessary for the commercial production of another variety. For a variety to be protected, it needs to be clearly distinguishable from all existing varieties on the basis of characteristics that are physically expressed, e.
The DNA-profile is not the basis for obtaining the protection of a variety, although this information may be used as supporting information.
The Consultative Committee normally holds closed sessions, restricted to the members of the Union. However, observers may be invited to present their views in relevant agenda items. The benefits that the UPOV system provides to society will be an important component in realizing the vision of the Agenda for Sustainable Development. UPOV's mission is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.
In particular, new varieties of plants are an important means of responding to the challenges of a growing and increasingly urbanized population, climate change, parallel demands for food and energy production and evolving human needs.
The tremendous progress in agricultural productivity in various parts of the world is largely based on improved varieties, together with improved farming practices, and future food security depend on them. There is also a need to further increase food production in the years leading up to World population is anticipated to grow until , and urbanization will continue.
Therefore, the need for increased productivity in sustainable agricultural production will continue for the foreseeable future. New varieties of plants with features such as improved yield, resistance to plant pests and diseases, salt and drought tolerance, or better adaptation to climatic stress are a key element in increasing productivity and product quality in agriculture, horticulture and forestry, whilst minimizing the pressure on the natural environment.
Diversity of breeders and breeding is needed to develop new varieties that are able to respond to such a wide range of challenges. The UPOV system of plant variety protection provides an effective mechanism for breeders in both the public and private sectors, and facilitates public-private partnerships.
The UPOV system encourages the development of new varieties of plants, therefore adding to diversity. The UPOV Report on the Impact of Plant Variety Protection Impact Study notes that membership of UPOV provide important technical assistance and facilitate opportunities for cooperation, which enables PVP to be extended to the widest range of plant genera and species in an efficient way thereby enabling the benefits to be maximized.
World population is growing and urbanization increasing, which places greater demands on the quantity and quality of agricultural production. At the same time, conservation of biodiversity depends on sustainable agriculture and a halt or reversal to the expansion of agricultural land, while there are parallel demands on agricultural land for food and energy production. This means that there is a need to produce more from existing agricultural land, in a sustainable way.
The tremendous progress in agricultural productivity in various parts of the world is largely based on improved varieties, combined with improved farming practices. Breeding plant varieties with improved yield, more efficient use of nutrients, resistance to plant pests and diseases, salt and drought tolerance and better adaptation to climate change can sustainably increase productivity and product quality in agriculture, horticulture and forestry, whilst minimizing the pressure on the natural environment.
At the same time, new varieties that are adapted to the environment in which they are grown increase the choice of healthy, tasty and nutritious food while generating a viable income for farmers. From the outset, the UPOV system was conceived to deliver greatest progress in plant breeding and, therefore, to sustain greatest advances in agriculture for the benefit of farmers and society as a whole. This exemption enables protected plant varieties to be available for further breeding by all types of breeders, thus recognizing that access to genetic resources is a prerequisite for any type of breeding.
When implemented by UPOV members, the relevant legislations dealing with these matters should be compatible and mutually supportive. It is not the role of the UPOV system to regulate the marketplace.
In any case, such measures shall not affect the application of the provisions of the UPOV Convention. This clarification should not be taken to mean that UPOV believes that there should be a particular type or level of market regulation, but rather as a recognition that such regulation should be dealt with by an appropriate, dedicated and independent mechanism.
In order to obtain protection the breeder needs to file an application with the authority of each UPOV member where protection is sought. A breeder might be, for example, an amateur gardener, a farmer, a scientist, a plant breeding institute or an enterprise specialized in plant breeding.
A person would not be entitled to protection of an existing variety that was discovered and propagated unchanged by that person. The Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture address the issue of access to genetic resources and benefit sharing. It is important to note that, in some cases, varieties may have a different DNA profile but be phenotypically identical, whilst, in other cases, varieties which have a large phenotypic difference may have the same DNA profile for a particular set of molecular markers e.
In relation to the use of molecular markers that are not related to phenotypic differences, the concern is that it might be possible to use a limitless number of markers to find differences between varieties at the genetic level that are not reflected in phenotypic characteristics. The authorization of the breeder is required for the selling of seed of a protected variety by any person.
It is necessary to consult the legislation in each UPOV member to know the answer to this question. Under the Act of the UPOV Convention see Article 5 , the prior authorization of the breeder is required for the production for purposes of commercial marketing of the reproductive or vegetative propagating material, as such, of the variety. However, no specific mention is made of replanting seed of a protected variety by farmers.
Therefore, it is necessary to consult the legislation in each UPOV member. The wording of this optional exception is as follows:. It is a matter for each UPOV member to decide if, and how, to incorporate this option in its legislation. The Act of the UPOV Convention is silent on the question of subsistence farmers, and therefore it totally depends on the national legislation. With subsistence farming, it is observed that the farmer produces barely enough food for their own consumption and that of their dependents.
Thus, the propagation of a protected variety by a farmer exclusively for the production of a food crop to be consumed by that farmer and the dependents of the farmer, may be considered to fall within the meaning of acts done privately and for non-commercial purposes.
UPOV does not regulate varieties that are not covered by plant variety protection. Therefore, plant variety protection does not restrict the ability of farmers to grow and sell propagating material of non-protected varieties. It is necessary to consult the official publication concerning protected varieties for the UPOV member concerned. All contributors to PLUTO are responsible for the correctness and completeness of the data they supply. Users are particularly requested to note that it is not obligatory for members of the Union to supply data for PLUTO and, for those members of the Union who supply data, it is not obligatory to supply data for all items.
Since the Act and Act do not specifically address or define subsistence farmers it is necessary to consult the legislation of each UPOV Contracting Party for the answer to this question specific to that UPOV member.
Article 14 1 a of UPOV and article 5 1 of UPOV define the acts in respect of the propagating material for which the breeder authorization shall be required; Article 14 1 b and respectively Article 5 2 state that the breeder may make his authorization subject to conditions and limitations. He may, for instance, allow the farmer to exchange seeds of protected varieties freely within the local community. What does UPOV do?
What is a plant variety? What are the benefits of new varieties of plants for society? Why is plant variety protection necessary? What are the benefits of plant variety protection and UPOV membership? How does plant variety protection work? Is it true that UPOV only promotes commercially bred plant varieties geared to industrialized farmers? Who can protect a plant variety? What are the requirements for protecting a new plant variety?
Can breeders use a protected variety in their breeding programs? Is it possible to obtain protection of a variety on the basis of its DNA-profile? Who can attend UPOV meetings? How does the UPOV system support sustainable development? Relationship with other treaties and measures concerning seed What is the relationship between the UPOV Convention and international treaties concerning genetic resources, e.
National List, Official Catalogue etc.?
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