EU Plant Variety Rights in the 21 st Century Conference on the outcome of the evaluation of the Community Plant Variety Rights Regime The UPOV Convention: an International Standard Peter Button (Vice Secretary-General, UPOV) Brussels, October 11, 2011 1
PREVIEW 1. Overview of UPOV 2. Some key provisions of the 1991 Act of the UPOV Convention 3. International harmonization 2
PREVIEW 1. Overview of UPOV 2. Some key provisions of the 1991 Act of the UPOV Convention 3. International harmonization 3
UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION The International Convention for the Protection of New Varieties of Plants established in 1961 The International Union for the Protection of New Varieties of Plants Union internationale pour la protection des obtentions végétales 4
Members of UPOV (green): 70 Initiating States (15) & organizations (1) (brown) 5
Development of Plant Variety Protection Applications: All UPOV 14,000 12,000 10,000 8,000 Europe: EU 27 Europe: Non-EU 27 North America Asia / Pacific Latin America Africa Near / Middle East 6,000 4,000 2,000 0 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 6
2002 2003 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 European Union perspective Number of PBR applications in European Union EU Total (including CPVO) CPVO 7 2001 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 1985 1984 1983
European Union perspective Number of PBR applications in European Union 9,000 EU Total (including CPVO) 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 1983 1984 1985 Projection w ith CPVO titles multiplied by 2.5 Linear (Projection w ith CPVO titles multiplied by 2.5) 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Projected CPVO effect 8
European Union accession to UPOV 9
Global perspective Number of Titles Granted (2009) ZA BR DE 2% 1% NZ IT 1% 1% IL 1% CO 1% ES 1% CH 1% PL CL 1% TR 1% EC 1% UY 1% CZ 1% PY 0% MX BY 0% GB RO NO SK DK HU TN BG KE MD AZ MA LV SE IE FI BO GE UZ DO KG EE BE LT AT 0% AR 2% CA 2% AU 3% CPVO 24% UA 3% KR 4% NL 5% RU 5% CN 9% US 12% JP 14% 10
UPOV MISSION STATEMENT 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 11
UPOV Impact Study International Symposium (Seoul, KR) Canada: 10 Year Review Second World Seed Conference (FAO, Rome) 12
PREVIEW 1. Overview of UPOV 2. Some key provisions of the 1991 Act of the UPOV Convention 3. International harmonization 13
UPOV Membership: territories covered Other Acts 1991 Act 14
SOME KEY PROVISIONS OF THE UPOV CONVENTION (1991 Act) (a) Conditions of protection (b) Breeder s right (c) Exceptions to the breeder s right 15
CONDITIONS FOR GRANTING A BREEDER S RIGHT Criteria to be satisfied NOVELTY DISTINCTNESS UNIFORMITY STABILITY VARIETY DENOMINATION FORMALITIES PAYMENT OF FEES NO OTHER CONDITIONS! 16
SOME KEY PROVISIONS OF THE UPOV CONVENTION (1991 Act) (a) Conditions of protection (b) Breeder s right (c) Exceptions to the breeder s right 17
Authorization of breeder required for: Production or reproduction (multiplication) Conditioning for the purpose of propagation Offering for sale Selling or marketing Exporting Importing Stocking for any of the above purposes. for any protected variety 18
MATERIAL COVERED All propagating material SEEDS Harvested material under certain conditions Certain products (optional) 19
MATERIAL COVERED All propagating material Harvested material if obtained through unauthorized use of propagating material unless, reasonable opportunity for breeder to exercise his right Certain products (optional) 20
VARIETIES COVERED VARIETIES: not clearly distinguishable from the protected variety whose production requires the repeated use of the protected variety e.g. hybrids which are essentially derived from the protected variety 21
PURPOSE: VARIETIES COVERED ESSENTIAL DERIVATION to ensure sustainable plant breeding development by: providing effective protection for the breeder and encouraging cooperation between breeders and developers of new technologies such as genetic modification 22
VARIETIES COVERED Essentially Derived Varieties May be obtained for example by: selection of a natural or induced mutant selection of a somaclonal variant selection of a variant individual from plants of the initial variety back-crossing crossing transformation by genetic engineering 23
VARIETIES COVERED...a variety shall be deemed to be essentially derived from another variety ( the initial variety ) when (i) it is predominantly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety, (ii) it is clearly distinguishable variety and from the initial (iii) except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety. 24
SOME KEY PROVISIONS OF THE UPOV CONVENTION (1991 Act) (a) Conditions of protection (b) Breeder s right (c) Exceptions to the breeder s right 25
EXCEPTIONS TO THE BREEDER S RIGHT Compulsory Acts done: privately and for non-commercial purposes for experimental purposes breeding other varieties (breeder s exemption ) Optional Farm-saved seed 26
PREVIEW 1. Overview of UPOV 2. Some key provisions of the 1991 Act of the UPOV Convention 3. International harmonization 27
REQUIREMENT TO BECOME A MEMBER OF UPOV State/Intergovernmental Organization must: Have a law which conforms to the UPOV Convention Ask advice of the Council of UPOV If advice positive: deposit instrument of accession 28
Development of Plant Variety Protection PBR Titles in Force: All UPOV Titles in Force: All UPOV Number of UPOV members 80 100'000 70 90'000 Number of UPOV members 60 50 40 30 20 10 80'000 70'000 60'000 50'000 40'000 30'000 20'000 10'000 Total number of titles in force 0 0 1974 1977 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2010 29
Global perspective Number of Applications by Non-Residents CH 8% JP 5% Other AU 3% 3% IL 2% etc. NZARKR BRCA RU PA HR ZA CR CN CO PY TR MD UA NO UY CL JO 2% 1% 1% 1% 0% 0% EU 52% US 21% 30
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) UPOV Collection (launch in connection with 50 th Anniversary) UPOV Convention UPOV/INF document series Explanatory notes on the UPOV Convention General Introduction TGP documents Test Guidelines (website link) UPOV Collection of Laws and Treaties (website link) List of UPOV members (website link) Addresses of Plant Variety Protection Offices (website link) UPOV Organigram (website link) Databases and information (website link) List of the Taxa Protected by the Members of the Union Cooperation in Examination List of Species in which practical technical knowledge has been acquired or for which National Guidelines have been established Plant Variety Database (website link) GENIE Database (website link) 31
UPOV Convention UPOV Collection UPOV/INF document series (e.g. INF/6 Guidance for the preparation of laws INF/12 Variety denominations) Explanatory notes on the UPOV Convention 32
DUS Examination UPOV Collection General Introduction TGP documents Test Guidelines 267 Test Guidelines adopted 33
UPOV Test Guidelines: CPVO Technical protocols 34
Test Guidelines 267 Test Guidelines adopted but 3,000 genera and species with varieties examined for PBR 35
Number of plant genera and species for which protection sought (UPOV Members) 3500 3000 Number of plant genera and species with PBR entries in the UPOV-ROM Plant Variety Database 2500 2000 1500 1000 500 Species with protected varieties 0 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 Year 36
Organization of the DUS Examination Cooperation between Authorities can involve: purchase of DUS Test Reports from other Authorities bilateral arrangements to remove the need for duplication of DUS Tests centralized DUS testing at regional or global level 37
COOPERATION Number of genera/species for which varieties protected by members of the Union: > 3,000 Practical DUS experience offered for >2,600 genera and species (>10,000 titles granted /annum) Agreements for cooperation between members of the Union: > 1,400 38
Organization of the DUS Examination Cooperation between Authorities DOCUMENT TGP/5 EXPERIENCE AND COOPERATION IN DUS TESTING Section 1: Model Administrative Agreement for International Cooperation in the Testing of Varieties Article 2 Where the Council of UPOV has adopted Guidelines for the Conduct of Tests for Distinctness, Uniformity and Stability ( Test Guidelines ) for a genus or species covered by this Agreement, the examination shall be conducted according to those Test Guidelines. 39
UPOV Collection Databases and information List of the Taxa Protected by the Members of the Union Cooperation in Examination List of Species in which practical technical knowledge has been acquired or for which National Guidelines have been established GENIE Database 40
UPOV Collection Plant Variety Database 41
.. UPOV members not those covered by UPOV-CPVO MoU) UPOV UPOV members members not not those covered by those covered UPOV-CPVO by MoU) UPOV-CPVO MoU) Member States of the EU European Economic Area (EEA) CPVO (UPOV-CPVO MoU) Switzerland EU Common Catalogues Plantscope (not included in UPOV-ROM) OECD Data checking, collation and processing (UPOV) Jouve Available to UPOV members Data not provided by CPVO 42
1. Overview of UPOV SUMMARY Applications: All UPOV 14,000 12,000 10,000 8,000 Europe: EU 27 Europe: Non-EU 27 North America Asia / Pacific Latin America Africa Near / Middle East 6,000 4,000 2,000 0 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2. Some key provisions of the 1991 Act of the UPOV Convention 3. International harmonization 43
THANK YOU 44