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WIPO-UPOV SYMPOSIUM October 25, 2002

UPOV. WIPO-UPOV SYMPOSIUM October 25, 2002. UPOV. WIPO-UPOV SYMPOSIUM October 25, 2002. LEGAL AND TECHNOLOGICAL DEVELOPMENTS LEADING TO THIS SYMPOSIUM: UPOV’S PERSPECTIVE. Rolf Jördens Vice Secretary-General UPOV. UPOV. INTRODUCTION.

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WIPO-UPOV SYMPOSIUM October 25, 2002

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  1. UPOV WIPO-UPOV SYMPOSIUMOctober 25, 2002

  2. UPOV WIPO-UPOV SYMPOSIUMOctober 25, 2002 LEGAL AND TECHNOLOGICAL DEVELOPMENTS LEADING TO THIS SYMPOSIUM: UPOV’S PERSPECTIVE Rolf JördensVice Secretary-GeneralUPOV

  3. UPOV INTRODUCTION • Importance of modern biotechnology in plant breeding • IPR protection is independent from commercialization procedures • Issues resulting from the differences between the scope and the exceptions of the patent and breeder’s rights systems

  4. UPOV

  5. UPOV Exceptions to the breeder’s right • acts done privately and for non-commercial purposes • acts done for experimental purposes and • acts done for the purpose of breeding other varieties (breeder’s exemption

  6. UPOV Exceptions to the rights conferred by a patent • Article 30 of the TRIPS Agreement states that: “Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.” • Open multilateral treaties in the field of patents do not provide for the extent to which those limited exceptions may be permitted • Necessary to refer to national or regional patent legislation and to relevant jurisprudence

  7. UPOV Balancing the reward to the respective rights holders (essentially derived varieties) • EDV concept maintains the access of all varieties for breeding • EDV does provide a mechanism to ensure a suitable reward for plant breeders

  8. UPOV The ability to exercise the breeder’s exemption in the case of varieties containing patented inventions • purpose of the patent is to protect the developer of the genetic element • purpose of the plant breeder’s right is to protect the developer of the unique combination of plant germplasm forming the variety • exercise of breeder’s exemption constrained due to lack of similar provision in patent system

  9. UPOV PROVISIONS WITHIN THE TRIPS AGREEMENT WHICH MIGHT ALLOW THE PRESERVATION OF THE BREEDER’S EXEMPTION • Article 7 and 8(2) of the TRIPS Agreement • State could be able to implement Article 30 in a way that protects the breeder’s exemption

  10. UPOV CONCLUDING REMARKS • rapid progress in the development of genetic engineering • increasing number of plant varieties will contain patented inventions • practical consequence: breeder’s exemption could be lost or greatly weakened • a “burning issue” • how the breeder’s exemption could be preserved ?

  11. UPOV

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