Intellectual property
In Europe, the largest number of applications
for community plant variety rights is submitted by The Netherlands.
From 27-4-1995 untill 12-2-2004 the CPVO (Community Plant Variety
Office) received 16097 applications from EU countries. 43 % were
made by applicants from The Netherlands. Germany and France followed
with 18% and 17% of the applications respectively. The most important
crops are:
Ornamentals (65%) - Rosa, Chrysanthemum, Gerbera and Lilium
Agricultural species (20%) - maize, potato, barley and wheat
Vegetables (9,5%) - lettuce, beans,
peas and tomato
What is the scope of plant breeders rights?
Without protection of intellectual property
that is plant genetics; no developments in plants would be possible.
Strong breeder's rights encourage breeding companies to take risks:
investing in new product development!
Plant breeding will take five, ten or for
some crops even 15 years. The investments involved are enormous,
average 12-14% of the turnover, and no commercial success is guaranteed.
Breeder's rights will keep up the development of new products
because they ensure income for the breeding company for further
investment. Also by limited introductions the breeder as well
as the licensed grower ensures themselves the product will be
grown with consistent high quality and competing with other products
and companies.
Plant variety protection gives the variety
owner the exclusive right to propagate and trade the propagation
material of its variety. Others may only do so if the breeder
consents and on payment of a certain fee. Users
who do not remit royalties or sell a protected variety for propagating
purposes may be prosecuted by the holder of the right or their
agent.
The need
of new varieties
New varieties
of plants are one of the most powerful tools to enhance food production
in a sustainable way, to increase income in the agricultural sector
and to contribute to overall development. It also contributes
to the demand for more tasty products or fragrant flowers, more
resistant crops against drought, heat, cold or plant diseases.
The great increase over the last 50 years in the development of
new varieties has made the agriculture sector more efficient and
profitable to the producers!
International
agreements on Protection of Plant Varieties (UPOV Convention)
UPOV was
established by the International Convention for the Protection
of New Varieties of Plants. The Convention was adopted in Paris
in 1961 and it was revised in 1972, 1978 and 1991, in order to
reflect technological developments in plant breeding and experience
acquired with the application of the UPOV Convention. The UPOV
Convention came into force on August 10, 1968, having been ratified
by the United Kingdom, the Netherlands and Germany.
The objective of the Convention is the protection of new varieties
of plants by an intellectual property right.
The purpose
of UPOV (the International Union for the Protection of New Varieties
of Plants) 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.
The UPOV
Convention provides a sui generis form of intellectual
property protection which has been specifically adapted for the
process of plant breeding and has been developed with the aim
of encouraging breeders to develop new varieties of plants.
States and
certain intergovernmental organizations wanting to accede to the
UPOV Convention have laws on plant variety protection in line
with the 1991 Act of the Convention. In 2004 UPOV has 55 members.
For more information about UPOV: www.upov.int.
How do
I know if a variety is protected by plant breeders rights?
A new variety
must be approved by the federal Plant Breeders' Rights Office
in The Netherlands or by the CPVO (Community Plant Variety Office)
to receive protection in the Netherlands or European Union, respectively.
When farmers or growers purchase a protected variety, they are
receiving a high quality product that has undergone extensive
testing and has met government standards.
There is
no worldwide symbol that denotes a variety protected. The best
way is to ask the breeder if a variety is protected. In some countries
a list of protected varieties is available (sometimes on the internet).
Often a trade name is used for a variety which is not the same
as a variety denomination. A (registrated) trade name / mark is
used for marketing and protection purposes. Also a line or logo
can be protected by a trade mark.
Plantum NL seeks plant variety protection
priority by:
- Better regulations to protect new varieties,
so that breeders have more control to enforce their rights,
such as the right to information, deduction of profits in the
event of infringement (in addition to compensation), destruction
of illegally produced protected plant material.
- The possibility of retaining the right to
breed new varieties with protected plant material freely available
on the market. This also applies to varieties protected by patent
rights. Research and breeding must not be subject to the approval
of the patent holder or payment of a fee.
- Promotion of the implementation and enforcement
regulations in countries where there is no legislation on plant
variety protection yet, based on the UPOV Convention of 1991.
- The development of an effective standard
Material Transfer Agreement (MTA) for accessing genetic sources
(wild varieties, primitive agricultural varieties) and corresponding
compensation for countries (including developing countries).
Plantum NL:
- constantly consults with the Dutch Government,and
the Plant Variety Protection Council, through European interest
groups as well as with governments in other countries and the
European plant variety protection organisation, the Community
Plant Variety Office (CPVO).
- presents its positions and the position
of its members to UPOV, through the Dutch representatives of
the Ministry of Agriculture, Nature and Food Quality and the
International Seed Federation (ISF).
- together with its members, organises
and supports courses and projects in countries seeking to introduce
a plant variety protection system, such as China and the Ukraine.
- within the EU, is involved in drafting
MTAs and is the contact with the Dutch government. Plantum NL
wishes the international standard agreement (MTA) to be compatible
with trade practice.
Links
For more information about Intellectual Property rights see:
Raad voor plantenrassen (Dutch Board of Plant Variety Protection)
Naktuinbouw (Dutch DUS-testing Authority)
CPVO (European Community Plant Variety Office)
UPOV (International Union for the Protection of New Varieties of Plants)
Dutch Patent Office
European Patent Office
The Benelux Office for Intellectual Property
European Office for Trade marks and Design
WIPO (World Intellectual Property Organization)
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