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International Workshop on seed

Session: Intellectual Property Rights in Seed Sector

Ben RivoireTechnical/ Regional Officer, UPOV

Antalya, TurkeyDecember 3, 2013

INTRODUCTION TO UPOV

Preview

• Introduction to UPOV and Plant Breeder’s Rights (PBR)

• Members and statistics

• Relationship between the UPOV Convention and other International Treaties

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UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION

The International Convention for the Protection of New Varieties of

Plantsestablished in 1961

The International Union for the Protection of New Varieties of

Plants

Union internationale pour la protection des obtentions végétales

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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”

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• Plant breeding is long and expensive

BUT• Plant varieties can be easily and quickly

reproduced

Breeders need protection to recover investment

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UPOV MISSION STATEMENT

“To provide and promote an effective system of plant variety protection (PVP), […]”

Plant Breeder’s Right (PBR)

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There are no restrictions on who can be considered to be a breeder under the UPOV

system: a breeder might be an individual, a farmer, a

researcher, a public institute, a private company etc.

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BREEDER

The person who bred, or discovered and developed, a variety

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DISCOVERY OR FIND

DEVELOPMENT IS NECESSARY

Preview

• Introduction to UPOV and Plant Breeder’s Rights (PBR)

• Members and statistics

• Relationship between the UPOV Convention and other International Treaties

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71 members of UPOV (green) 16 initiating States + 1 organization (brown)24 States + 2 organizations in Contact with

the UPOV Office (orange)

The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory

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Draft Laws examined Council session Advice

Ghana

United Republic of Tanzania(For mainland Tanzania and Zanzibar)

October 24, 2013November 1, 2012

November 1, 2012 (mainland Tanzania)

andMarch 22, 2013

(Zanzibar)

PositivePositive

Positive(law adopted)

Positive (draft Bill)

MEMBERSHIP OF UPOV

Examination of Laws

Situation in UPOV

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Plant variety protection statistics

99,409

Preview

• Introduction to UPOV and Plant Breeder’s Rights (PBR)

• Members and statistics

• Relationship between the UPOV Convention and other International Treaties

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UPOV

WTO/TRIPS

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

Protection and enforcement of intellectual property rights in order to reduce distortion and impediments to international trade

WTO/ TRIPS

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Patentable subject matter1. …, patents shall be available for any invention, …,

3. Members may also exclude from patentability […]

(b) plants and animals other than micro-organisms, …. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof …

TRIPS Article 27

WTO

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Independent systems in the Seed Sector

Seed Certification

Official registers of varieties admitted to

trade

Phytosanitary regulations

Biosafety regulations

Plant Breeders’ Rights

Other IP rights (e.g. patents, trademarks)

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