1 Macau, China November 12, 2014 The International Union for the Protection of New Varieties of Plants Standing Committee on Intellectual Property Rights Meeting APSA-Asian Seed Congress 2014 Ben Rivoire (Technical/ Regional Officer, Africa, Arab countries, UPOV)

2 Status of the Union Information & training Electronic application system Cooperation with other organizations OVERVIEW

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 UPOV status in 2013 Members of UPOV (71) Initiating States (16) and Organizations (1) States (23) and Organizations (2) in contact with the UPOV Office

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 UPOV status in 2014 Members of UPOV (72) Initiating States (16) and Organization (1) States (24) and Organization (1) in contact with the UPOV Office 4

5 OAPI (Organisation Africaine de la Propriété Intellectuelle) ARIPO (African Regional Intellectual Property Organization)

6 Council sessionAdvice Bosnia and Herzegovina (Law) Draft ARIPO Protocol (African Regional Intellectual Property Organization) Plant Breeders ’ Rights Act of Zanzibar October 24, 2013 April 11, 2014 October 16, 2014 Positive SITUATION in UPOV Examination of Laws

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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 Leontino Taveira Ben Rivoire Fumi Aihara UPOV Office – regional staff (2013)

Leontino Taveira Ben Rivoire Jun Koide UPOV Office – regional staff (2014) 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

10 Status of the Union Information & training Electronic application system Cooperation with other organizations OVERVIEW

11 Plant variety protection statistics 103,261

12 14,788 10,052 Plant variety protection statistics

13 9,502 5,286 Plant variety protection statistics

14 6,817 3,235 Plant variety protection statistics

15 Development of Plant Variety Protection Applications for Plant Breeders’ Rights

INFORMATION MATERIALS ADOPTED IN 2014 Document referenceTitle UPOV/INF/16/4Exchangeable Software (Revision) UPOV/INF/22/1Software and Equipment Used by Members of the Union TGP/2/2List of Test Guidelines Adopted by UPOV (Revision) TGP/5Experience and Cooperation in DUS Testing: Section 10/3: Notification of Additional Characteristics and States of Expression (Revision) TGP/7/4Development of Test Guidelines (Revision) TGP/8/2Trial Design and Techniques Used in the Examination of Distinctness, Uniformity and Stability (Revision) TGP/14/2Glossary of Terms Used in UPOV Documents (correction of Spanish version)

CHAIRMANSHIP OF UPOV BODIES ELECTIONS for a term of three years ending in 2017 Technical Working Party for Agricultural Crops (TWA) Mr. Tanvir Hossain Mr. Tanvir Hossain (Australia) Technical Working Party on Automation and Computer Programs (TWC) Mr. Adrian Roberts Mr. Adrian Roberts (United Kingdom) Technical Working Party for Fruit Crops (TWF) Mr. Katsumi Yamaguchi Mr. Katsumi Yamaguchi (Japan) Technical Working Party for Ornamental Plants and Forest Trees (TWO) Mr. Kenji Numaguchi Mr. Kenji Numaguchi (Japan) Technical Working Party for Vegetables (TWV) Ms. Swenja Tams Ms. Swenja Tams (Germany) Chairman, Working Group on Biochemical and Molecular Techniques and DNA-Profiling in Particular (BMT) Mr. Kees van Ettekoven Mr. Kees van Ettekoven (Netherlands)

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Benefits of the UPOV System: UPOV Trilogy Publication

20 Frequently asked questions

21 Frequently asked questions

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23 NEW Frequently asked questions Does the UPOV Convention regulate varieties that are not protected by plant breeders’ rights? New ! The UPOV system does not regulate varieties that are not covered or no longer covered by plant variety protection. Therefore many plant varieties can be replanted by a farmer without any authorization of the breeder. UPOV does not regulate any other system of intellectual property rights governing the protection of plants/plant varieties. It is necessary to consult the legislation in each UPOV Contracting Party in order to know the situation and the answer in that UPOV member.

Commercial farmers It is necessary to consult the legislation in each UPOV member to know the answer to this question. Under the 1978 Act of the UPOV Convention (see Article 5), […]1978 Act Under the 1991 Act of the UPOV Convention (see Article 15(2)), […]1991 Act It is a matter for each UPOV member to decide if, and how, to incorporate this option in its legislation. Subsistence farmers […] Under the 1991 Act of the UPOV Convention (see Article 15(1)(i)), a compulsory exception sets out that the breeder’s right does not extend to “acts done privately and for non-commercial purposes”. With subsistence farming, it is observed that the farmer produces barely enough food for their own consumption and that of their dependents. Thus, the propagation of a protected variety by a farmer exclusively for the production of a food crop to be consumed by that farmer and the dependents of the farmer, may be considered to fall within the meaning of acts done privately and for non-commercial purposes. 24 Frequently asked questions Can a farmer replant seed of a protected variety without the authorization of the breeder?

25 NEW Frequently asked questions Is it possible for subsistence farmers to exchange propagating material of protected varieties against other vital goods within the local community? Since the 1991 Act and 1978 Act do not specifically address or define subsistence farmers it is necessary to consult the legislation of each UPOV Contracting Party for the answer to this question specific to that UPOV member. Within the scope of the breeder’s right exceptions provided under the UPOV Conventions, UPOV Contracting Parties have the flexibility to consider, where the legitimate interests of the breeders are not significantly affected, in the occasional case of propagating material of protected varieties, allowing subsistence farmers to exchange this against other vital goods within the local community. New !

26 NEW Frequently asked questions Under the UPOV system, breeders decide the conditions and limitations under which they authorize the exploitation of their protected varieties. Can farmers, for instance, be allowed to exchange seeds of protected varieties freely within the local community? New ! Article 14(1)(a) of UPOV 1991 and article 5(1) of UPOV 1978 define the acts in respect of the propagating material for which the breeder authorization shall be required; Article14(1)(b) and respectively Article 5(2) state that the breeder may make his authorization subject to conditions and limitations. Therefore any breeder may decide on the conditions and limitations under which he authorizes the exploitation of his/her protected variety. He may, for instance, allow the farmer to exchange seeds of protected varieties freely within the local community.

27 DL-205 DL-305A: Administration of Plant Breeders’ Rights DL-305B: DUS Examination New! (2015)

28 DL-205 Introduction to the UPOV System of Plant Variety Protection under the UPOV Convention Session I Study period: May to June, 2015 Registration: February to March, 2015 Session II: Study period: October to November, 2015 Registration period: July to September, 2015

29 DL-305 Examination of applications for plant breeders’ rights Available in 2015 in English, French and Spanish DL-305A “Administration of Plant Breeders’ Rights” DL-305B “DUS Examination”

30 Status of the Union Information & training Electronic application system Cooperation with other organizations OVERVIEW

Authorities (PVP Offices) Applicants (Breeders) 31 UPOV Electronic Application Form Project Authority A Output language Authority B Output language On-line form DATABASE

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33 CORE QUESTIONSADDITIONALS QUESTIONS

34 Partners UPOV Office WIPO CPVO ISF CIOPORA Prototype Electronic Application Form Argentina Australia Brazil Canada Colombia Dominican Republic Ecuador European Union France Germany Japan Mexico Netherlands New Zealand Paraguay Republic of Korea Switzerland United States of America Viet Nam Participating UPOV members (China) ≥ 60% of the total applications within UPOV members

35 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 Prototype Electronic Application Form Participating UPOV members

36 Status of the Union Information & training Electronic application system Cooperation with other organizations OVERVIEW

Working Group on Biochemical and Molecular Techniques, and DNA-Profiling in Particular (BMT) To seek to organize a joint meeting of UPOV BMT in 2014 with ISO, ISTA and OECD and including breeders OECD-UPOV-ISTA

38 UPOV National List of Varieties Application Novelty Distinct, Uniform, Stable (DUS) Denomination OECD List of Varieties Eligible for Certification Test Guidelines distinct, uniform and stable following internationally recognised guidelines UPOV-OECD

39 Breeders’ Day

ITPGRFA Platform for the Co­-Development and Transfer of Technologies Public-Private Partnerships in Pre-breeding Interrelations between ITPGRFA, UPOV and WIPO 40 FAO / International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

41 SUMMARY