II.INTERNATIONAL SEED CULTIVATION WORKSHOP II.INTERNATIONAL SEED CULTIVATION WORKSHOP KAM İ L YILMAZ -B İ SAB Tares A.Ş. Deputy Director General Industrial Property Rights in Seed Cultivation 03 December 2013

INDUSTRIAL PROPERTY RIGTS IN SEED CULTIVATION 1. Introduction 2. UPOV 1991 Convention and Exceptional Cases in Plant Breeder’s Rights Law 3. Impacts on R&D studies, 4. Structural Changes in Seed Sector, 5. Impacts on Seed Production and Trade, 6. Impacts on Agricultural Sector KAMİL YILMAZ2

700 variety of products are grown in Turkey Turkey has quite a rich plant diversity for agriculture PLANT TYPE, ENDEMİK PLANT TYPE EXISTS IN TURKEY. RICH RESOURCES AND BIODIVERSITY CLIMATE SOIL GEOGRAPHICAL STRUCTURE WATER KAM İ LYILMAZ

4 Land condition and population in Turkey Area and Population (2011) TOTAL AREA: 78.0 Million ha. Agricultural Land : 23.7 million ha Land: 15.4 million ha Fruit: 3.2 million ha Vegetable: 0.8 million ha Fallow : 4. 3 million ha Pasture, range:14.6 million ha Wood land: 21.2 million ha. Irrigated Agricultural Land: 5.4 million ha TOTAL POPULATION : 74.7 million

Some data on Turkish Seed Sector(2012) Certified Seed Production(tone) Vegetable Seed Production(tone)2215 Number of private seed company580 Number of Private Sector Research Institution 139 Number of Seed Certification Laboratory 1 Central,5 Regional Seed Certification Directorates and 16 authorized seed companies Directorates of Pest Control and Quarantine 8 Pest Control Institution 12 Quarantine Directorates. Variety Registry-Technical Examination Institute 1 Central (TTSM),5 regional seed test directorates. 9/14/20155

INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION Objective of Plant Breeder’s Rights;  Encourage development of new plant varieties, promote technical developments, R&D studies. Other Objectives;  Harmonization to EU Acquis Communautaire,  Fulfilling responsibilities related to recognition of intellectual property rights within the scope of WTO (TRIPS)  Establishment of national legislation in order to be party to UPOV convention KAMİLYILMAZ6

INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION  Plant Breeder’s Rights are self-specific / sui generis intellectual rights recognized over only plant varieties.  Since registry proceedings ownership rights in seed systems do not grant property right, there has been a need for a kind of Protection System within Intellectual Property Rights  These rights recognize and support studies of workers/breeders for innovations in agricultural production. The most important of all ensure repayment of the investments made

HISTORY:  The first studies in this field are in 1988,  And preparations of the bill for protection of breeders’s rights regarding new plant varieties started in 1996  This law was prepared taking into consideration UPOV Convention in 1991 and EU’s 2100/94 EC ve 1768/95 EC regulation on Plant Variety Rights  It was placed within the scope of Intellectual Property Rights agreement (TRIPS text item 27/3 )linked with trade issue in WTO acquis and “Turkish National Programme” related to undertaking of the EU acquis and targeted to be finalized until INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION KAM İ LYILMAZ

Legal Framework for Plant Breeder’s Rights (PBR) KAMİLYILMAZ9 1961UPOV Convention 1978 UPOV Convention (1st revision) 1991 UPOV Convention (2nd revision) - Enhancing PBR for farm saved seed - Inclusion of EDV concept /94 European Union Directive on Plant Breeder’s Rights 2004 Turkish Plant Breeder’s Rights Law ( Law No 5042 )

2.UPOV 1991 CONVENTION PLANT BREEDER’S RIGHTS AND EXCEPTIONAL CASES KAM İ LYILMAZ10 Plant Breeder Exception Essential Variety Derivation Farmer Excemption

EXEMPTIONS IN PLANT BREEDER’S RIGHTS EXEMPTIONS IN PLANT BREEDER’S RIGHTS KAM İ LYILMAZ11 Article 15(1991 UPOV Convention) and Articles 5, 14 and 17 (Law no 5042) Exemptions in Breeder Rights  [Compulsory Exemptions] Breeder’ Rights can not be enhanced in the items below:  Actions carried out with special or noncommercial purposes  Actions carried out for experimental purposes, and  Actions carried out for breeding/development of other varieties [Optional Exemptions] Within logical limits and on the condition that breeder’s legal rights are protected a breeder’s rights on cerating a variety may be restricted with the purpose of giving permission to the farmers for production of a propagation material and protecetd variety or a variety within the scope of article 14. (5) (a) (i) or (ii) on their own land.

ESSENTIAL DERIVATION (EDV)  Essentially derived variety,(EDV); It should be the case that as regards its dominating traits the variety must have been derived from the original or again with respect to dominating traits it must have been derived from another variety which had been derived from the original,  The derived variety should explicitly be differentiated from the original variety,  Apart from the differences caused by derivation methods it should show the original characteristics formed by genotype or genotypes constituting the original variety KAM İ LYILMAZ

ESSENTIAL DERIVATION (EDV) Essential derivation may be by;  Natural or artifical mutant selection, somaclonal variation selection,  Selection of different individuals among the original variety,  Obtaining from plants exposed to transformation through retrospective hybridization or genetics engineering KAM İ LYILMAZ13

 Except for the hybrid and synthetic varities, farmers have got the right to use propagation material of the protected variety for production on their own land which they have achieved from the product as a result of the production they made on their own land  Only small farmers who have a smaller land than the one required to grow at most 92 tons of wheat or equivalent amount of product, may enjoy this exemption. FARMER EXCEMPTION KAM İ LYILMAZ

Plant Varieties Implemented (21 plant varieties)  Cereals (Wheat, Barley, Paddy, Oat, Rye, Triticale)  Edible Legumes (Dried beans, Chick-Pea, Lentil, Green Pea, Broad Bean)  Forage Plants (Alfalfa, Sainfoin, Vetch, Clover)  Industrial Plants (Cotton, Tobacco, Patato, Peanut, Soybean) FARMER EXEMPTION KAM İ LYILMAZ

3. IMPACTS ON R&D STUDIES (PLANT BREEDING), Genetics material and breeding studies, Variety Development Studies, Impacts on Variety Registry Systems, Variety Transfer Systems, Variety Agreements KAMİL YILMAZ16 INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION

KAMİL YILMAZ17 PUBLIC PRIVATEUNIVERSITYTOTAL TOTLAM SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS (FIELD CROPS )

KAMİL YILMAZ18 SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS (FIELD CROPS)

KAMİL YILMAZ19 WHEAT for BREAD PUBLIC PRIVATE UNIVERSITY TOTAL TOTAL SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS

KAMİL YILMAZ20 SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS

KAMİL YILMAZ21 MAIZE PUBLICPRIVATEUNIVERSITYTOTAL TOTAL SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS

KAMİL YILMAZ22 SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS

IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTOR IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTOR 4. STRUCTURAL CHANGES IN SEED SECTOR, Organizations related to plant breeding, Licensing institutions, Law Offices, Specialized Courts, KAMİL YILMAZ23

IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTOR IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTOR 5. ITS IMPACTS ON SEED PRODUCTION AND TRADE, Position of seed companies Certified Seed Production Seed Trade (situation of import and export ) KAMİL YILMAZ24

25 Number of Special Seed Companies by Years (139 HAVE R&D Unit)

YEAR PRODUCTION (tone) IMPORTEXPORT Miktar (ton)De ğ er (bin $)Miktar (ton)De ğ er (bin $)

27 TOHUMLUK ÜRETİMİ (ton) Certified Seed Production in Turkey (tone)

28 TOHUMLUK TİCARETİ (ton) Seed Trade (tone)

29 TOHUMLUK TİCARETİ (000 $) Seed Trade (1000 USD Dollars)

Amount of Protected Seed in Some Plant Varieties and Certified Seed Amount of Other Varieties (tone)-2010 Variety 2010 (Protected. Variety) 2010 (Other Variety TOTAL % (Rate of Protected Varities) 1.Barley Wheat Triticale Patato Cotton TOTAL KAMİL YILMAZ30

IMPACTS OF BREEDER RIGHTS ON SEED SECTORIS IMPACTS OF BREEDER RIGHTS ON SEED SECTORIS 6. IMPACTS ON AGRICULTURAL SECTOR Increase in Yield and Quality, Increase in Competitiveness (production, export, consumer demands), KAMİL YILMAZ31

KAMİL YILMAZ32 Resource:UPOV

EVALUATION -1 EVALUATION -1  Since 2004 until today shares of seed production of varieties protected within the Plant breeder’s rights have increased significantly.  Domestic and foreign varieties can be taken under protection within UPOV system.  Industrial Property Rights have speeded entrepreneurship and Plant Breeding and variety development studies and made them gain a momentum  Public and Private Sector have started transferring more resource to R&D studies KAM İ LYILMAZ

EVALUATION-2  It has contributed to bringing in International Seed Trade and new varieties to our country.  “collecting breeder’s right system” among protected variety started to operate. And problems in implementation of “Farm Saved Seed” persist.  In implementation of plant breeder’s rights, plant breeders professional institutions should be more active KAM İ LYILMAZ34

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