law and policy of relevance for the management of plant genetic resources - 3.6.1 objectives of...
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Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.1 SGRP
Objectives of Session 6To discuss the meaning of sui generis protection of plant varieties (UPOV is one such system)
To share experiences of patent protection of plant varieties
To explain how a sui generis system for plant variety protection may relate to other policy and legal issues of relevance to PGRFA (such as protection of the innovations and practices of indigenous and local communities, and elaboration of Farmer’s Rights)
To outline UPOV’s main provisions and some foreshadowing of the later discussions on the main differences between plant varietal protection and patent protection
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.2 SGRP
The WTO TRIPS Agreement
• TRIPS generally imposes the patentability of inventions, whether products or processes, in all fields of
technology and specifically mandates the introduction of a form of legal protection for plant varieties
• Not a global patent system but a treaty establishing minimum standards for Member States
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.3 SGRP
The WTO TRIPS Agreement: Objectives
• To promote IP protection worldwide and reduce trade distortions
• To promote technological innovation and technology transfer “conducive to social and economic welfare,
and to balance rights and interests”
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.4 SGRP
Patents: Core Concepts
• Utility• Novelty
• Non-obvious
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.5 SGRP
The TRIPS Agreement: Article 27.3(b)
• Member States shall provide for the protection ofplant varieties either by patents or by an effective sui
generis system or by any combination thereof.
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.6 SGRP
TRIPS PVP Requirement
• The introduction of plant variety legislation is a novelty for all but a few African States
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.7 SGRP
Patents and PVP
• Interface may be important in designing sui generissystem
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.8 SGRP
Challenges
• Complexity of the issues • Diverse stakeholders and power disparities
amongst them• Complex international negotiation process
and multiple fora• Ambiguity of legal instruments• Lack of common policy framework
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.9 SGRP
UPOV Convention
Minimum standards for sui generis protection of plant varieties
Acts of 1961/1972, 1978/1991
50 Member countries
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.10 SGRP
Protection Under UPOV
• TERRITORIAL, EXCLUSIVE RIGHTS
• DEVELOPED/DISCOVERED VARIETIES
• EXERCISE OF RIGHTS: REPRODUCTIVE MATERIALS HARVESTED MATERIAL AND PRODUCTS (1991)
• SCOPE OF RIGHTS– BREEDERS’ EXEMPTION– FARMERS’ PRIVILEGE
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.11 SGRP
Patents vs. PVPs PATENTS
PVPs
Genes, cells, plants, varieties Plant varieties
Novelty, inventive step, industrial applicability
Novelty, distinctness, uniformity, stability
Exclusive rights over use, research and breeding
Farmers’ privilegeBreeders’ rights
Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.12 SGRP
Options
--UPOV 1978 (all varieties, national treatment) --UPOV 1991 --UPOV amended (criteria, compensation to
farmers)
• Dual system (uniform varieties/landraces)• Other sui generis options
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