1 International Workshop on seed Session: Intellectual Property Rights in Seed Sector Ben Rivoire Technical/ Regional Officer, UPOV Antalya, Turkey December.

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Presentation transcript:

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

Preview Introduction to UPOV and Plant Breeder’s Rights (PBR) Members and statistics Relationship between the UPOV Convention and other International Treaties 2

3 UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION Convention The International Convention for the Protection of New Varieties of Plants established in 1961 Union The International Union for the Protection of New Varieties of Plants U pov Union internationale pour la protection des obtentions végétales

4.

5 UPOV MISSION STATEMENT encouraging the development of new varieties of plants “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”

6 Plant breeding is long and expensiveBUT Plant varieties can be easily and quickly reproduced èBreeders need protection to recover investment

7 UPOV MISSION STATEMENT effective system of plant variety protection (PVP) “To provide and promote an effective system of plant variety protection (PVP), […]” Plant Breeder’s Right (PBR)

8

9 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.

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

11 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 12

13 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

14 Draft Laws examinedCouncil sessionAdvice Ghana United Republic of Tanzania (For mainland Tanzania and Zanzibar) October 24, 2013 November 1, 2012 November 1, 2012 (mainland Tanzania) and March 22, 2013 (Zanzibar) Positive Positive (law adopted) Positive (draft Bill) MEMBERSHIP OF UPOV Examination of Laws Situation in UPOV

15 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 16

17 UPOV WTO/TRIPS plant variety protection 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 intellectual property rights Protection and enforcement of intellectual property rights in order to reduce distortion and impediments to international trade WTO/ TRIPS

18 Patentable subject matter 1.…, 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

19 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)

20