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Plant Variety Protection and Royalty Collection in Germany

Plant Variety Protection and Royalty Collection in Germany. Meeting of AMSEM on 19.02.2013 Klaus Schlünder. Plant Variety Protection. Definitions in German PVP Act. Variety distinctive, sufficiently homogeneous and stable collection of plants Harvested crops Propagation material

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Plant Variety Protection and Royalty Collection in Germany

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  1. Plant Variety Protection and Royalty Collection in Germany Meeting of AMSEM on 19.02.2013 Klaus Schlünder

  2. Plant Variety Protection BDP/KWS

  3. Definitions in German PVP Act • Varietydistinctive, sufficiently homogeneous and stable collection of plants • Harvested crops • Propagation material • Plants and parts of plants including seeds intended for the cultivation of plants or other cultivation purposes→ propagation material by nature not fit for other than propagating purposes (e.g. beet seed)→ propagation material by choice also fitting for other purposes (consumption) • Farm saved seeduse of crops harvested on the own farm as seed • Placing on the marketsell or offer free of charge or store with a view to offering or selling or making available to others BDP/KWS

  4. Objectives of Plant Variety Protection (PVP) • Re-funding of the plant breeders´ investments • Incentive for innovation in plant breeding • Legal basis for licence and multiplication agreements • Conferring an injunctive right in case of infringement • Providing access for further research and breeding • Basis for an efficient and competitive agriculture BDP/KWS

  5. Yield improvement by active breeding BDP/KWS

  6. Farm Saved Seed (FSS) – Obligations of Processors • Ensure identity of material processed • Notify seed treatment on request of the holder of PVP • Infringements lead to: • Preventive injunction / forbearance commitment • Claim of damages by holder of PVP BDP/KWS

  7. Farm Saved Seed – Obligations of Farmers • Notify use of FSS on request of the holder of PVP • Pay a fee for the use of farm saved seed • Small farmers exempted from payment • No FSS if • Seed used outside own farm • Purchased seed • Infringements lead to: • A preventive injunction / forbearance commitment • Claim of damages by holder of PVP BDP/KWS

  8. German Seed Association and Structure BDP/KWS

  9. Licencing System for Cereals 50 PVPR owners organized in 14 distribution centres seed multiplication licence grants licence for seed multiplication and distribution pay licence fee ca. 5800 seed multipliers BS deliver basic seed ca. 100 distribution and organization companies produce certified seed produce certified seed deliver basic seed ca. 250 sub-distribution and organization companies pay licence fee notifys amounts of basic seed / certified seed sold sale of certified seed STV checks adherence to terms of contract BDP/KWS

  10. Strategy to promote certified seed ratio Partners/Network Seed Quality Communication/PR Improved certified seed ratio Pricing/value for money Seed Certification Black Market/ License Agreement Compliance Organisation/ Structure/Agree-ments Farm Saved Seed BDP/KWS

  11. STV – founded in 1952 4 staffmembers blackmarketcontrol andlicensecontract monitoring (Bonn) 7 staffmembers farmsavedseed royaltycollection (Bonn) 7 fieldstaff (Germany) 9 staffmembers farmsavedseed royaltycollection (Gießen) BDP/KWS

  12. Core activities of STV • Monitoring of license agreements compliance / Contract development • Fighting black market • Contract management, withdrawal for own use • Farm saved seed remuneration collection on behalf of the PVR owners • Distribution of rebates for purchases of certified seed • Services for the seed industry - Centralised management of all license agreements - Individual investigations for breeding companies - Quality assurance activities for certified seed  Seed sampling  Certification of seed treatment plants (planned) BDP/KWS

  13. Funding of STV • Start of Reporting Year • STV drafts an annual budget • Breeders pay their annual contributions on a fiduciary account of STV (prorata multiplication area or variety turnover) • STV annual expenses financed from fiduciary accounts • Funds resulting from STV audits and farm saved seed royalty collection credited to fiduciary accounts • End of Reporting Year • STV makes account of actual expenses • reimburses breeders contributions • bills actual expenses to breeders • distributes returns on STV audits and farm saved seed royalty collection to breeders BDP/KWS

  14. Funding of STV Breeders Fiduciary account Cereals Fiduciary account Potato Fiduciary account Pulses Fiduciary account Farm Saved Seed STV Black Market & License Agreement Compliance Farm Saved Seed BDP/KWS

  15. Collection of Farm Saved Seed Remuneration Explanatory Note and Farm Saved Seed Notification Form Notification Reminder Farm Saved Seed Notification Form sent back to STV Request for notification sent by lawyer Sending of Invoices and Credit Advice Filing an action for notification Fee Collection BDP/KWS

  16. Example of timelines – collection of FSS-Remuneration • April 2013 STV sendsdeclaration form andlistofvarietiesconcernedtofarmers • Sowing in autumn 2012/spring 2013 • Cereals, Pulses, Potatoes • June 2013 Farmer sendsdeclaration form to STV • August 2013 STV generatesfarmsavedseedinvoicesandsendsthemtofarmers • September 2013 Farmer paysinvoice • June 2014 STV distributescollectedfarmsavedseedroyaltiestobreeders BDP/KWS

  17. FSS Remuneration invoiced (Mio. €)(Sttus: 11.02.2013)

  18. FSS declaration send (NBE) withevidence (AHP)(Status: 11.02.2013) number

  19. Returns of FSS declarations (NBE) with evidence (AHP)(Status: 11.02.2013)

  20. To farmers allocated processed volumes by STV(Status: 11.02.2013)

  21. Better Regulations Discussions and possible impacts BDP/KWS

  22. Better Regulations Discussions • Options: delete, sustain, modify • Under the „modify“ scenario: • Horizontal Regulation • Crop specific technical annexes • Harmonisation of DUS • Harmonisation of VCU • Enhanced envolvement of private bodies in certification • Delete exemptions • Improve definitions BDP/KWS

  23. Seed Certification Marketing Closure (of bags) Seed certificate Quality check Sample taking Field inspection Application / Registration Seed trader  bulk deliveryto farmer Seed processor Certification body  to breeder, MD, processor Official (or private accredited labs) (Official or) private Official (or private) Breeder (MD company)   to certification body BDP/KWS

  24. Thank You very much for your kind attention BDP/KWS

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