Rolf Jördens, Vice Secretary-General, UPOV Geneva, May 29, 2007 A BUSINESS-ORIENTED OVERVIEW OF...
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Transcript of Rolf Jördens, Vice Secretary-General, UPOV Geneva, May 29, 2007 A BUSINESS-ORIENTED OVERVIEW OF...
Rolf Jördens,Vice Secretary-General, UPOV
Geneva, May 29, 2007
A BUSINESS-ORIENTED OVERVIEWOF INTELLECTUAL PROPERTY
FOR LAW STUDENTS
AGRICULTURAL SMEs and the PROTECTION of
NEW VARIETIES of PLANTS
UPOV MISSION STATEMENT
“To provide and promote aneffective system of plant variety
protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society”
OVERVIEW
1. WHAT IS UPOV?
2. WHY IS IT IMPORTANT TO PROTECT NEW PLANT VARIETIES?
3. WHICH ARE THE ESSENTIAL PROVISIONS OF THE UPOV CONVENTION?
4. BENEFITS
1. WHAT IS UPOV?
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
•Members of the Union–States – Intergovernmental Organization(s)
•Permanent Organs–Council –Office of the Union
UPOV Membership/Territories covered
6464 membersmembers
Initiated the Procedure
19 States
1 intergovernmental organization
Members of UPOV (green) and initiating States and organizations
(yellow)
2. WHY IS IT IMPORTANT TO
PROTECT NEW PLANT VARIETIES?
•World population continues to grow
•Agricultural productivity needs to be increased - arable land and other resources are scarce
•Improved quality - less waste, higher value
•Better resistance to pests and diseases - higher yields, less inputs
•More efficient use of inputs
•Economic development
• Plant breeding is long and expensive
BUTBUT
• Plant varieties can be easily and quickly reproduced
Breeders need protection to recover investment
PBR Titles in Force: All UPOV
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
1973
1975
1977
1979
1981
1983
1985
1987
1989
1991
1993
1995
1997
1999
2001
2003
To
tal
nu
mb
er o
f ti
tles
in
fo
rce
0
10
20
30
40
50
60
Nu
mb
er o
f U
PO
V m
emb
ers
Titles in Force: All UPOV
Number of UPOV members
3. WHICH ARE THE ESSENTIAL PROVISIONS
OF THE UPOV CONVENTION?
UPOV CONVENTION
i. Breeders and varieties
ii. Conditions of protection
iii. (a) Scope of the right, (b) exceptions and (c) duration
i. “BREEDERS” AND “VARIETIES”
BREEDER
VARIETY
THE ONE ENTITLED TO PROTECTION
THE SUBJECT MATTER OF PROTECTION
BREEDER
The person who bred, or discovered and developed, a variety
BREEDER
The person who bred, or discovered and developed, a variety
DISCOVERY OR FIND
DEVELOPMENT IS NECESSARY
BREEDER
The person who bred, or discovered and developed, a variety
VARIETY
• plant grouping- lowest known rank
• irrespective of conditions for the grant are met
• defined by the expression of the characteristics
• distinguished from other plant grouping
• suitability for being propagated unchanged
PLANT KINGDOM
SPECIES
VARIETIES
ii. CONDITIONS FOR GRANTING A BREEDER’S RIGHT
Criteria to be satisfied
• NOVELTY
• DISTINCTNESS• UNIFORMITY• STABILITY
“DUS”(DHS)
Other requirements
• VARIETY DENOMINATION• FORMALITIES• PAYMENT OF FEES
NO OTHER CONDITIONS!NO OTHER CONDITIONS!
iii. (a) BREEDER’S RIGHT
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
MATERIAL COVERED
• All propagating material
• Harvested material under certain conditions
• All propagating material
SEEDS
• All propagating material
•Harvested material
IF obtained through unauthorized use of propagating material unless,
reasonable opportunity for breeder to exercise his right
• Variety X material is obtained in Country A and exported to Country B
Harvested Material
Country A
Country B
Breeder variety
X
• Variety X is propagated in Country B• Exported to Country A as a harvested
material (e.g. cut flowers)
• The breeder of Variety X can exercise his rights on the imported harvested material
VARIETIES COVERED BY THE PROTECTION
PROTECTED VARIETY AND VARIETIES:
•not clearly distinguishable• whose production requires the
repeated use of the protected variety
• which are essentially derived from the protected variety
1991 Act
Patented genetic element
Protected Variety A
Essentially Derived Variety B
Commercialization
Authorization REQUIRED
Authorization required
>===<
iii. (b) EXCEPTIONS TO THE BREEDER’S RIGHT
Acts done:
• privately and for non-commercial purposes
• for experimental purposes
• breeding other varieties
Farmer’s privilege (Optional)
THE BREEDER’S EXEMPTION
THE BREEDER’S EXEMPTION: Example
Commercialization
NOAuthorization
required
NOAuthorization
required*
ProtectedVariety A
Breeder 1
Variety B
Breeder 2
*except for: essentially derived varieties (1991 Act);essentially derived varieties (1991 Act); varieties which require repeated use of a protected variety (variety A); andvarieties not clearly distinguishable from a protected variety (variety A).
Variety C
Breeder 3
NOAuthorization
required
NOAuthorization
required
ADVANTAGES OF THE BREEDER’S EXEMPTION
• Germplasm sources remain accessible to the community of breeders
• Genetic basis for plant improvement is broadened and is actively conserved
• Variety improvement is enhanced
• Opportunity for all breeders to share in benefits of breeding activities
THE SAVING OF SEEDBY FARMERS
(“FARMER’S PRIVILEGE”)
1991 ActArticle 15(2) [optional exception]
Contracting Party may restrict breeder’s rights in order to permit farmers to use:
- for propagating purposes on their own holdings
the product of the harvest - obtained on their own holdings
from the protected variety- within reasonable limits
subject to - safeguarding legitimate interests of the breeder
iii. (c) MINIMUM DURATION OF PROTECTION
TREES and VINES 25 years
OTHER PLANTS 20 years
To be counted from the date of grant
IV. BENEFITS
Executive summary available at: www.upov.int “News & Events”
Kamil Idris (Secretary-General of UPOV)
“...some very clear messages have emerged from this study, perhaps the most important being that the introduction of the UPOV system of plant variety protection and membership of the International Union for the Protection of New Varieties of Plants (UPOV) can open a door to economic development, particularly in the rural sector...”
“... an important conclusion is that the UPOV system of plant variety protection provides an effective incentive for plant breeding in many different situations and in various sectors, and results in the development of new, improved varieties of benefit for farmers, growers and consumers...”
Ing. Enriqueta Molina Macías(Director, National Service for Inspection and Seed Certification (SNICS), Mexico and President of the UPOV Council)
“It is perhaps worthwhile at the same time as reviewing those benefits to reflect on the importance of the plant genetic resources which form the raw material for the breeders' work. ...Under the UPOV system, a breeding cycle of progression can continue to maximize the benefits of plant variety protection and plant breeding for the future.”
Applications: All UPOV
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
1973
1975
1977
1979
1981
1983
1985
1987
1989
1991
1993
1995
1997
1999
2001
2003
To
tal
nu
mb
er o
f ap
pli
cati
on
s
Development of Plant Variety Protection
Expansion of UPOV
Figure 5. Applications: All UPOV and CPVO: by region
Extending coverage to plant genera and species:
1975: 500 plant genera and species (approx.) 1985: 9001995: 1,3002005: 2,300
Europe: European CommunityEurope: Non-European CommunityNorth AmericaAsia / PacificLatin AmericaAfricaNear / Middle East
SECTION III. Reports on Studies Conducted
in Individual Countries:
ArgentinaChinaKenyaPoland
Republic of Korea
ArgentinaFigure 13. Number of Titles Granted
Regulatory Decree No. 2183/91
UPOV membershipResidents
Non-residents250
200150
100
50
19
80
19
84
19
86
19
88
19
90
19
92
19
94
19
96
19
98
20
00
20
02
19
82
China
Figure 27. Royalties Collected in Henan Province (Maize)(Maize)
Figure 28. Royalties Collected in Henan Province (Wheat)(Wheat)
Royalties Collected
PVP introduction / UPOV Membership
10
,00
0 R
MB
1R
MB
=0
.12
US
$ (
ap
pro
xim
ate
ly)
10
,00
0 R
MB
1R
MB
=0
.12
US
$ (
ap
pro
xim
ate
ly)
PVP introduction / UPOV Membership
China
Figure 29. Number of Breeders in Henan Province (Maize)(Maize)
Figure 30. Number of Breeders in Henan Province (Wheat)(Wheat)
PVP introduction / UPOV Membership
Number of other breedersNumber of breeders at the Provincial Research Institute
PVP introduction / UPOV Membership
Kenya
Crop Number ofApplications
1 Rose 2472 Maize 553 Tea 334 Wheat 305 Alstroemeria 286 Pyrethrum 237 French Bean 148 Limonium 149 Rape seed 1410 Dry Bean 1311 Macadamia Nut 11
Total 482
Table 15. Number of Applications by crop (top 11 crops) (1997-2003)
Valu
e (
Mill
ion K
en
yan S
hill
ings)
Volu
me (
Tons)
Figure 36. Export of Kenyan Cut Flowers
PVP operational
UPOV Membership
ValueVolume
Poland
Figure 39. Number of Listed and Protected Potato Varieties
Figure 40. Number of Listed and Protected Barley Varieties
Republic of Korea
Republic of Korea
Figure 52. Number of Rose Breeders
Figure 53. Number of Rice Breeders
Republic of Korea
BENEFITS OF UPOV MEMBERSHIP• Internationally accepted sui generis system
• Protection for Breeders in other UPOV members
• Benefit from the priority date (first application)
• Co-operation in examination
• Legal and Technical guidance
• Awareness / Influence of future developments
PARTICULAR BENEFITS FOR SMEs
Particular Benefits for SMEs
(a) Low “barriers to entry” into the breeding
(b) Simple and harmonized application system
(c) Harmonized and transparent system of variety examination:
• Purchase of DUS test reports
• Bilateral Agreements
• Mutual recognition of DUS test reports
• Centralized Testing
BREEDERSIndividualsFamily Co.N.A.R.I.
Farmers
Growers
Processing Industry
Consumers
Seed Multipliers
NEW VARIETIES
$ ROYALTIES / CO-FUNDING
Better products
Fill new demands
Broaden market
Return of invest Broaden market Joint ventures
Case Study
IP Management in the Development of a Medium-sized Argentinean Seed Company:
RELMÓ is a typical family company belonging to the Ferrarotti family. The origins of RELMÓ are to be found in the Ferrarotti Countryside Organization (OFPEC) which was established in the 1960s as the first company to devote itself to the genetic improvement of soybean. OFPEC was responsible for the program that led to the registration of the first Argentinean variety in 1980. The company now has 37 employees, of which 17 are directly involved in research and development.
http://www.wipo.int/sme/en/case_studies/relmo.htm
RELMO
DSP (CH)
WHEAT + OTHERS
USA
SOYBEAN
South Africa
SOYBEAN
INIA (UY)
SOYBEAN
WHEAT
MAIZE
USASOYBEAN
FMT (BR)
Matto Grosso Fundation
RR gen
Bt gen
Monsanto
MAIZEINTA (AR)
SOYBEAN
Seed Company
(AR)
MAIZE
Seed Company
(AR)
UPOV and SMEs
Articles:
Getting the Most out of Your New Plant Variety
Case studies:
IP Management in the Development of a Medium-sized Argentinean Seed Company: RELMÓ
http://www.wipo.int/sme/en/index.jsp?cat=varieties%20plants
HOW TO BECOME A MEMBER OF UPOV
State/Intergovernmental Organizationmust:
• Have a law which conforms UPOV Convention
• Ask advice of the Council of UPOV
• If advice positive: deposit instrument of accession
SUMMARY
1. WHAT IS UPOV?
2. WHY IS IT IMPORTANT TO PROTECT NEW PLANT VARIETIES?
3. WHICH ARE THE ESSENTIAL PROVISIONS OF THE UPOV CONVENTION?
4. BENEFITS
DO YOU WANT TO LEARN MORE ABOUT UPOV?
CONSULT THE UPOV WEBSITE
http://www.upov.int
UPOV DISTANCE LEARNING COURSE (DL-205)