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International Workshop on seed Session: Intellectual Property Rights in Seed Sector

International Workshop on seed Session: Intellectual Property Rights in Seed Sector. INTRODUCTION TO UPOV. Ben Rivoire Technical/ Regional Officer, UPOV. Antalya, Turkey December 3, 2013. Preview. Introduction to UPOV and Plant Breeder’s Rights (PBR) Members and statistics

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International Workshop on seed Session: Intellectual Property Rights in Seed Sector

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  1. International Workshop on seed Session: Intellectual Property Rights in Seed Sector INTRODUCTION TO UPOV Ben RivoireTechnical/ Regional Officer, UPOV Antalya, TurkeyDecember 3, 2013

  2. Preview • Introduction to UPOV and Plant Breeder’s Rights (PBR) • Members and statistics • Relationship between the UPOV Convention and other International Treaties

  3. The International Convention for the Protection of New Varieties of Plants established in 1961 The International Union for the Protection of New Varieties of Plants Union internationale pour la protection des obtentions végétales UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION

  4. .

  5. UPOV MISSION STATEMENT “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”

  6. Plant breeding is long and expensive BUT • Plant varieties can be easily and quickly reproduced • Breeders need protection to recover investment

  7. Plant Breeder’s Right (PBR) UPOV MISSION STATEMENT “To provide and promote an effective system of plant variety protection (PVP), […]”

  8. There are no restrictions on who can be considered to be a breeder under the UPOV system: a breeder might be an individual, a farmer, a researcher, a public institute, a private company etc.

  9. The person who bred,or discovered and developed, a variety BREEDER

  10. DEVELOPMENT IS NECESSARY DISCOVERY OR FIND

  11. Preview • Introduction to UPOV and Plant Breeder’s Rights (PBR) • Members and statistics • Relationship between the UPOV Convention and other International Treaties

  12. 71 members of UPOV (green)16 initiating States + 1 organization (brown)24 States + 2 organizations in Contact with the UPOV Office (orange) The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory

  13. MEMBERSHIP OF UPOVExamination of Laws Situation in UPOV 14

  14. Plant variety protection statistics 99,409

  15. Preview • Introduction to UPOV and Plant Breeder’s Rights (PBR) • Members and statistics • Relationship between the UPOV Convention and other International Treaties

  16. WTO/ TRIPS UPOV WTO/TRIPS 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 Protection and enforcement ofintellectual property rightsin order to reduce distortion and impediments to international trade

  17. WTO TRIPS Article 27 Patentable subject matter 1. …, patents shall be available for any invention, …, • Members may also exclude from patentability[…] (b) plantsand animals other than micro-organisms, …. However, Members shall provide for the protection of plant varietieseitherby patentsor by an effectivesui generis systemor by any combination thereof…

  18. Independent systems in the Seed Sector Plant Breeders’ Rights Other IP rights (e.g. patents, trademarks) Official registers of varieties admitted to trade Seed Certification Biosafety regulations Phytosanitaryregulations

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