This article addresses one of the topics of the upcoming Madrid (Oct 20-21) and Amsterdam (Nov 4-5) Workshops on IP for Plants in the framework of the CIOPORA Academy project - learn more about the workshops & register.
by Tjeerd Overdijk
This contribution is not about breaking news. Instead, it is about something that has been and continuously remains on CIOPORA’s agenda: what subjects could our association address to further strengthen the protection afforded by Plant Variety Rights (PVR)? Among others, it is the extended protection which enables a breeder to enforce his right to harvested material of his variety.
1. Traditionally, the breeder could exercise his plant variety right only in relation to propagating material of his protected variety.
In the 1991 Act of UPOV Convention the right of the breeder was extended in the sense that, under certain circumstances, the breeder may also exercise this right in relation to harvested material of his variety.
2. The UPOV 1991 Convention contains the following provision on this subject:
“[Acts in respect of the harvested material] Subject to Article 15 and Article 16, the acts referred to in items paragraph (1)(a)(i) to paragraph (1)(a)(vii) in respect of harvested material, including entire plants and parts of plants, obtained through the unauthorized use of propagating material of the protected variety shall require the authorization of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to the said propagating material.”
3. Why has the breeder's right been extended to include harvested material?
At the time when there was no protection available for harvested material, breeders often faced challenges.