ciopora international community of breeders of asexually reproduced ornamental and fruit tree...

CIOPORAInternational Community of Breeders of Asexually Reproduced Ornamental

and Fruit Tree Varieties

Regional Seminar on Enforcement of Plant Variety Rights

Warsaw, Poland

11 and 12 May 2006

THE NEEDS OF THE BREEDERS IN THE

ENFORCEMENT OF THEIR RIGHTS

Andrea MansuinoChairman of the Anti-Infringement CIOPORA

Working Group

THE NEEDS OF THE BREEDERS IN THE ENFORCEMENT OF THE RIGHTS

TOPICS:1- Enforcement of P.B.Rights in the EU,

general comments2- What breeders are doing individually3- What breeders are doing collectively

(CIOPORA Anti Infringement Working Group)

4- Main types of infringement5- The main needs of the breeders


GENERAL COMMENTS:

The registration and maintenance of the breeders’ rights is, of course, responsibility of the breeders

The active defense of own IP rights is, of course, responsibility of the titleholders

The active and efficient enforcement of the breeders’ rights legislation is, of course, responsibility of the competent authorities

Titleholders must be (more) pro-active in the protection of their rights, but the Protection Offices, the customs authorities, the police authorities and investigation services, the judicial authorities , in two words ALL AUTHORITIES ENVOLVED IN THE ENFORCEMENT OF THE LAW should at all levels create the perfect conditions for making the PBR enforcement really effective.

Therefore, we believe that the enforcement of the rights is a SHARED RESPONSABILITY between titleholders and authorities.


Is the European Union a paradise for the breeders?

In fact, the EU can be considered one of the places, maybe THE PLACE all over the world, where breeders’ rights are best protected and enforced.We do have good PBR directives, good customs directives, a (very) efficient registration office, a reasonable dialogue between all parties involved, a strong historic background in favour of IP rights (especially in western countries), a reasonable culture of IP also in the field of agriculture (s.a.a.), an increasing awareness of PBR rights in the ornamentals and fruit industry.

But, of course, there is still a lot of room for improvement.

Let me briefly explain what we, breeders, are doing for the protection of our rights and what needs do we have in order to improve this activity.


What we,individual breeders, are doing for the protection of our rights:

1. Real genetic improvement2. Registration of IP rights3. Advertisement and promotion of our products and our

rights4. Fair competition and fair licensing5. Monitoring and control in the market (at customs, auctions

and markets, growers and nurseries, traders, etc.)6. Active protection and fight against infringement, by

chasing, warning, summoning, attacking infringers, out of court and in court when necessary.


What we,breeders, are doing collectively in our organisation: the Anti Infringement activity of CIOPORA.

CIOPORA has established an Anti Infringement Working Group in April, 2005.

The WG has raised extremely high interest and participation among the members: the enforcement of rights is definitely a top priority for the breeders today.

On such basis, CIOPORA has decided to add Anti Infringement to its top priorities.


MAIN LINES OF ACTION OF THE ANTI INFRINGEMENT ACTIVITY OF CIOPORA

ANTI PIRACY FUND: CIOPORA will fund Anti Infringement activities of the organisation; also specific funds will be raised for targeted activities.

COMMUNICATION CAMPAIGN: CIOPORA will start a campaign at different communication levels in order to create awareness and involvement in the industry for the plants’ breeders rights and their enforcement.

INTERNAL NETWORK: CIOPORA intends to establish a specific email address and an internal forum on the website, in order to establish and develop an information flow among breeders and between the breeders’ community and the industry.

WHITE PAPER ON INFRINGEMENT: CIOPORA will develop a vademecum for its members including juridical analysis and information on the state of PBRs worldwide and practical indications on the enforcement of rights.

JOINT ACTIONS: CIOPORA will develop a strategy for the coordination and facilitation of actions against infringers to be undertaken by groups of members having specific common targets.


MAIN AREAS OF PBR INFRINGEMENT:

COMMERCIAL INTRODUCTION OF EDVs BY SPORT FINDERS without the consent of the titleholder of the initial varietyUNAUTHORISED PROPAGATION, PRODUCTION AND/OR SALE OF PLANTS OR PARTS OF PLANTS OF PROTECTED VARIETIES IMPORT OF PLANTS OR PARTS OF PLANTS INTO THE EU COMING FROM UNAUTHORISED SOURCESTRADE OF PLANTS OR PARTS OF PLANTS INSIDE THE EU COMING FROM UNAUTHORISED SOURCES


What are the main needs of the breeders :

1. LESS BUREAUCRACY, MORE EFFICIENCYA more concrete and practical approach from the authorities involved in the registration and enforcement of IP rights is fundamental. Too many times, still, breeders face a theoretical and bureaucratic attitude that increases the distance between the rights on paper and their effectiveness in everyday‘s business. We must be in the position to make efficient controls, fast actions, effective seizures.


2. ADEQUATE ATTENTION TO OUR RIGHTSStill too many times we face situations where the people in charge of the enforcement of the rights don‘t take us seriously enough- „here are those flower guys..“

We understand that IP infringement, especially on flowers, is obviously felt as a „minor“ crime when compared to theft, drugs and „mafia activities“ (at least we hear this in Italy...) but no doubt that the phenomenon is increasing and becoming a problem for the international horticulture business, and also one of the main fields of investment and money laundry for the big criminal organizations worldwide. It should not be underestimated.

We need to get a resolute and proactive spirit of service and support from the competent authorities for our fight against infringement.


3. AWARENESS AND KNOWLEDGEStill the flower business and especially the fact that flowers and fruits are „protected by a sort of patent“ is not well known and understood.For sure, there is a strong need of more awareness and acknowledgement of the specific problems of the breeders‘ rights at all levels, from the investigation and judicial authorities to the whole flower industry including the final consumers . The same as in shoes, software and many other IP added value products, also in flowers and fruits breeders expect to find adequate sensibilization and authoritative divulgation of the culture of IP rights in the flower world, especially from those national or community authorities that specifically deal with IP rights, breeders‘ rights and horticulture.


4. TO SET UP A SYSTEMOne of the main problems encountered by breeders in the fight against infringement is that the size of individual infringing episodes is relatively small (one shipment of 3000 roses, one illegal grower with 30000 carnation plants, etc.). Neither titleholders nor the authorities can reasonably detect and chase such a diffused and fragmented phenomenon of illegality, unless specific systems and procedures are set up and executed by the competent authorities. This is possible and actual with the customs authorities, we‘ve done it in e.g. Portugal and UK, but it should be developed in all EU countries.


CONCLUSIONS:

1. The enforcement of breeders’ rights is a shared responsibility between breeders and authorities

2. Breeders’ rights in the EU are quite safe, on paper3. The breeders, both individually and through their organization

(CIOPORA) are more and more active in the protection of their rights

4. There are still many areas of infringement to be defeated5. Breeders ask the competent authorities to have a less

bureaucratic approach, to be more practical and proactive, to devote higher and more adequate attention to breeders’ rights, to increase their knowledge and to support awareness of the breeders’ rights, to set up a common and effective system throughout the EU for the enforcement of breeders’ rights.

6. FOR BREEDERS, BREEDERS’ RIGHTS ARE NOT JUST A PIECE OF PAPER. I AM SURE THAT YOU ALL SHARE OUR VIEW AND TOGETHER WE WILL WORK IN ORDER TO ACTUALLY ENFORCE THE RIGHTS THAT HAVE BEEN GRANTED UNDER THE SKIES OF THE EUROPEAN UNION.

THANK YOUTHANK YOU

HELP US CREATING FLOWERS AND FRUITS FOR YOUR HAPPINESS!

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