19 april 2023

Plant Breeders Rights

Novi Sad, May 22

Items of this presentation

• Current and future challenges

• UPOV convention/CPVO/National PVP

• Plant Breeders Rights in the EU

Challenges• Plants are the base of almost every food or feed-chain• There are many alarming reports on volatile food prices and on the need to

produce more food for a growing world population• And we don’t know the effects of climate-change• Experts agree that we need to double the food production in the coming

decades• We also need to develop an renewable economy, less based on fossil inputs

(oil, phospates, etc)• And we need to do this in a sustainable way, with less land, less fertilizer

and less pesticides

Where are solutions• There is no silver bullet, action on many issues needed• Plant production has to increase

• Improve: - yields with less inputs- distribution, logistics- precision farming- post harvest management- etc

• Decrease: - Consumption (in the west) - meat / milk / cheese- fish- food waste- etc

Sustainable intensification needed• we will have to increase yields, improve sustainability (''sustainable

intensificiation'‘) • This applies to both large scale as small scale farmers, both

‘’biotech’’ as ‘’organic’’ farming. • We need to help developing countries to improve their production• We have to improve our agriculture (‘’Precision Agriculture’’)• And we need to improve the genetic potential of plants (plant

breeding)• Improved varieties add value to the whole production chain, from

growers to consumers

Why plant variety protection

• Plant Variety Protection is fundamental for innovation in varieties• Society needs constantly new and improved varieties• Developing new varieties is expensive: it takes big investments and a long

time• Copying a new variety is relatively easy• To stimulate breeders we need to protect their work• Only the owner of a variety has the right to market this variety• Without Plant Variety Protection there is no incentive to invest in the

development of new varieties• If a breeder has developed a new variety, and it is Distinct, Uniform and

Stable, he can apply for Plant Breeders Rights

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The Netherlands and plant breeding

• The Netherlands is a major stakeholder, both private (companies) as public (research, university)

• In the Netherlands there are approx. 350 breeding companies with an annual turnover of approx. € 2.5 billion

• Many of them are SME’s

• 15-30 % of their annual turnover is spent on R&D

• Yearly private investment is € 250 -350 million ($ 350 – 475 million)

Seed and propagating material sector in The Netherlands

• Seed and propagating material sector consists of:• Breeding• Multiplication of seeds/cuttings• Growing of young plants

• Breeding industry in The Netherlands is world market leader for the sectors:

• potatoes• vegetables • ornamentals

• 24% of value of world export of seeds and propagating material is from the Netherland; Exports to every part of the world

• 47% of European use of seeds and propagating material is from the Netherlands

• Yearly 1500 applications for new varieties• 1000 applications for European Community PBR• 500 applications for national PBR

How is PVP organized • Worldwide: UPOV convention

• The mission of UPOV 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. • 71 Countries are members, including Serbia. • Most countries which have introduced a plant variety protection

(PVP) system have chosen to base their system on the UPOV Convention in order to provide an effective, internationally recognized system

How does it work• According to UPOV Convention, the breeder’s right is only granted

where the variety is • (i) new, • (ii) distinct, • (iii) uniform, • (iv) stable• (v) has a suitable denomination

• In order to obtain protection, the breeder needs to file individual applications with the authorities of UPOV members entrusted with the task of granting breeders’ rights

European Union• European Union: Regulation on Plant Breeders Rights

• The European Union operates a (supranational) community plant variety rights system which covers the territory of its 28 member States.

• An application with the Community Plant Variety Office will (after examination) give protection in all 28 EU Member States

• Plant Breeders from non-EU countries can also apply for EU plant Breeders Rights