1 International Workshop on seed Session: Intellectual Property Rights in Seed Sector Ben Rivoire Technical/ Regional Officer, UPOV Antalya, Turkey December 3, 2013 INTRODUCTION TO UPOV
Dec 16, 2015
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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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