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AIPH Calls for Changes to UPOV Rules

  • AIPH Calls for Changes to UPOV Rules

    by Market Insider

    Wednesday, 13 Nov. 2013

    The current International Union for the Protection of New Varieties of Plants (UPOV) rules on ‘Essentially Derived Varieties’ (EDV) are reducing the access that growers have to new varieties; an alternative solution is reAIPH Logoquired for the future.” This is the message that Mia Buma, secretary of the International Association for Horticultural Producers (AIPH), standing committee for Novelty Protection, brought to the UPOV seminar on EDV, held in Geneva on 22nd October.

    The EDV provision matters to the industry, as it defines that if a breeder brings a new variety into the market that is not significantly different from its parent variety, they can apply for breeder's right. However, if they want to exploit this new variety, they need permission from the owner of the existing protected variety.
    The rules are complicated and difficult to implement. The EDV provision does raise a lot of new questions.

    The Plant Breeders Right is part of the intellectual property rights system and as such serves the general interest of society, namely stimulating innovation and product renewal. The EDV provision, alongside the intellectual property right system, is difficult to understand. It discourages breeding activity, as it is difficult to imagine any commercial situation in which the holder of a breeder’s right would honour someone else’s derived variety (an EDV) and allow this person to exploit the EDV in the market. Breeding Hypericum

    Speaking on behalf of AIPH, Mia Buma said “The issue of EDV could be solved in a less complicated way. This will require a sensible discussion on what the really important characteristics are in a variety; this would be easier for ornamentals than for edible crop varieties.

    AIPH recognises that for now we must work within the EDV provision, but for the future let us make sure there will be a clearer and more legally robust system. Society in general and the growers in particular have interest in new varieties and do not question where these varieties come from. The existing EDV provision will in the long term result in a less competitive industry with less innovation and that is a loss to society as a whole.”

    The full AIPH paper and presentation is available to view at www.aiph.org

    Source: AIPH

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