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INTERNATIONAL UNION FOR THE PROTECTION OF NEW PLANT VARIETIES (UPOV) 3 May 2016

INTERNATIONAL UNION FOR THE PROTECTION OF NEW PLANT VARIETIES (UPOV) 3 May 2016. BRIEFING BY THE DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES TO THE PORTFOLIO COMMITTEE ON AGRICULTURE, FORESTRY AND FISHERIES. LIST OF ACRONYMS. ARIPO: African Regional Intellectual Property Organization

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INTERNATIONAL UNION FOR THE PROTECTION OF NEW PLANT VARIETIES (UPOV) 3 May 2016

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  1. INTERNATIONAL UNION FOR THE PROTECTION OF NEW PLANT VARIETIES (UPOV)3 May 2016 BRIEFING BY THE DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES TO THE PORTFOLIO COMMITTEE ON AGRICULTURE, FORESTRY AND FISHERIES

  2. LIST OF ACRONYMS ARIPO: African Regional Intellectual Property Organization CPVO: Community Plant Variety Office OAPI: African Intellectual Property Organization SADC: Southern African Development Community UPOV:International Union for the Protection of New Varieties of Plants

  3. UPOV SYSTEM UPOV: The International Union for the Protection of New Varieties of Plants is an intergovernmental organisation. The UPOV convention was adopted on 2 December 1961 and revised in 1972, 1978 and 1991. UPOV’s mission: 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.

  4. UPOV MEMBERSHIP www.upov.int

  5. MEMBERSHIP STATUS 1978 Act : 18 States are bound (including South Africa). 1991 Act is the latest Act: 53 States and 2 organizations are bound. • Community Plant Variety Office (CPVO): member States of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) • African Intellectual Property Organization (OAPI): member States of OAP (Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, Togo)

  6. States and intergovernmental organizations which have initiated the procedure for acceding to the UPOV Convention 15 States: Armenia, Bosnia and Herzegovina, Egypt, Ghana, Guatemala, Honduras, India, Iran (Islamic Republic of), Kazakhstan, Malaysia, Mauritius, Philippines, Tajikistan, Venezuela (Bolivarian Republic of) and Zimbabwe. 1 Organization: African Regional Intellectual Property Organization (ARIPO): member States of ARIPO- Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Sudan, Swaziland, Uganda, United Republic of Tanzania, Zambia, Zimbabwe.

  7. States and intergovernmental organizations which have been in contact with UPOV for assistance in the development of laws based on the UPOV Convention 23 States: Algeria, Bahrain, Barbados, Brunei Darussalam, Cambodia, Cuba, Cyprus, El Salvador, Indonesia, Iraq, Lao People’s Democratic Republic, Libya, Mozambique, Myanmar, Namibia, Pakistan, Saudi Arabia, Sudan, Thailand, Tonga, Turkmenistan, United Arab Emirates and Zambia 1 Organization: Southern African Development Community (SADC): member States of SADC - Angola, Botswana, Democratic Republic of the Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic of Tanzania, Zambia, Zimbabwe

  8. UPOV ORGANORGRAM

  9. PLANT BREEDERS’ RIGHTS ACT South Africa became the tenth member of UPOV in November 1977. In South Africa, plant breeders’ rights are protected under the Plant Breeders’ Rights Act, 1976 (Act No.15 of 1976). The Act provides for: • the requirements for the grant & protection of plant breeders’ rights; • the type of plants for which a right may be granted or registered; • the grant of licences • 1996 amendments

  10. Overview of some key provisions of the UPOV   Acts of 1978 and 1991

  11. DECLARATION PROCESS:

  12. SOUTH AFRICA’S PARTICIPATION IN UPOV Annual contribution: R680 532. 63 (2015) Participation in meetings: UPOV follows the rule of consensus amongst delegates attending particular sessions for adoption of documents. SA participates in various UPOV meetings. Participation in technical working parties: SA has leading experts in the development of Technical Guidelines (TGs). SA is the leading expert in the development of TGs of: • AGRICULTURE crops: groundnut, lupin, medics • FRUIT crops: olives, apples, granadilla, almonds • VEGETABLE crops: pumpkin • ORNAMENTAL crops: agapanthus, aloe, plectranthus • Technical working party chairmanship: SA held chairmanships in the following TWF and TWA for period 2012 – 2014. • Hosting of technical working party meetings: 37th session of the TWA in 2008; 46th session of TWF in 2015. Cooperation with other countries: • SA “sells” test results of various crops to countries like Argentina, Australia, Bolivia, Egypt, Israel, Kenya, Morocco, Peru, New Zealand, Russia &Turkey. • SA “buys” test results for chrysanthemum, lurcene, potato from Australia, European Union, Germany & the United Kingdom

  13. ENKOSI

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