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UPOV mission for enhancing the effectiveness of the PVP system
Plant Variety Protection under theUPOV Convention
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UPOV Headquarters, SeoulSeptember 3, 2015
Jun Koide (Technical Officer, UPOV)
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1. UPOV System of PVP 2. Benefits of UPOV membership3. Cooperation
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1. UPOV System of PVP 2. Benefits of UPOV membership3. Cooperation
UPOV MISSION STATEMENT“To provide and promote an effective effective
system of system of pplant lant vvariety ariety pprotection rotection (PVP)(PVP), […]”
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“To provide and promote an effective effective system of system of pplant lant vvariety ariety pprotection rotection (PVP)(PVP), […]”
PPlant lant BBreeder’s reeder’s RRight (PBR)ight (PBR)
UPOV MISSION STATEMENT“[…] with the aim of encouraging the encouraging the
development of new varieties of development of new varieties of plants, for the benefit of societyplants, for the benefit of society”
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“[…] with the aim of encouraging the encouraging the development of new varieties of development of new varieties of plants, for the benefit of societyplants, for the benefit of society”
Impact of Plant Variety Protection and UPOV membership
1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
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NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Importance of Importance of Plant Variety ProtectionPlant Variety Protection
•• YieldYield•• ProfitabilityProfitability•• Resistance to pests Resistance to pests
and diseasesand diseases•• Stress toleranceStress tolerance•• HarvestabilityHarvestability•• Crop qualityCrop quality•• Input efficiencyInput efficiency•• Variety diversityVariety diversity•• New markets …etc.New markets …etc.
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CONSUMERSCONSUMERS
FARMERS, FARMERS, GROWERSGROWERS
•• YieldYield•• ProfitabilityProfitability•• Resistance to pests Resistance to pests
and diseasesand diseases•• Stress toleranceStress tolerance•• HarvestabilityHarvestability•• Crop qualityCrop quality•• Input efficiencyInput efficiency•• Variety diversityVariety diversity•• New markets …etc.New markets …etc.
Plant Variety Protection: Improving Income for Farmers and Growers
variety CHOICE+ INFORMATION on performance+ DELIVERY of good quality planting material= Opportunities forADDED VALUE
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Plant Variety Protection: Improving Income for Farmers and Growers
variety CHOICE+ INFORMATION on performance+ DELIVERY of good quality planting material= Opportunities forADDED VALUE
Importance of Plant BreedingImportance of Plant Breeding
b = 0.0921955-2005
8Bernard Le Buanec, Second World Seed Conference (Rome, September 2009)
b = 0.001815-1945
b = 0.0921955-2005
Improved VarietiesImproved Varieties
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Dok-Ya-Cheong-Cheong Resistant to phytophthora blight/virus
Phytophthora blight (Fungal disease):- above : Resistant varietyResistant variety- below: Susceptible varietySusceptible variety
Chang Hyun Kim, Second World Seed Conference
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Importance Importance of Plant Variety Protectionof Plant Variety Protection
•• Reduced food costReduced food cost•• Efficient land useEfficient land use•• Nutritional quality, Nutritional quality,
taste etc.taste etc.•• Storage qualityStorage quality•• Diversity of Diversity of
productsproducts
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CONSUMERSCONSUMERS
FARMERS, FARMERS, GROWERSGROWERS
•• Reduced food costReduced food cost•• Efficient land useEfficient land use•• Nutritional quality, Nutritional quality,
taste etc.taste etc.•• Storage qualityStorage quality•• Diversity of Diversity of
productsproducts
Glucosinolate content from 100 µmoles (‘Jetneuf’) to 12 µmoles (‘Samouraï’)
SEMINAR ON SEMINAR ON PLANT VARIETY PROTECTION AND PLANT VARIETY PROTECTION AND
TECHNOLOGY TRANSFER: TECHNOLOGY TRANSFER: THE BENEFITS OF PUBLICTHE BENEFITS OF PUBLIC--PRIVATE PRIVATE
PARTNERSHIPPARTNERSHIPYves Lespinasse
LEAR: Low Erucic Acid
11Canola
HOLLI: High Oleic and Low Linolenic
World Total Rapeseed Production
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
1965 1975 1985 1995 2005 2009
Year
Mill
ion
met
ric to
ns
12
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
1965 1975 1985 1995 2005 2009
Year
Mill
ion
met
ric to
ns
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Benefits of the PVP systemBenefits of the PVP system
DELIVERINGDELIVERINGIMPROVED IMPROVED
VARIETIES TO VARIETIES TO FARMERS & FARMERS & GROWERSGROWERS
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CONSUMERSCONSUMERS
FARMERS, FARMERS, GROWERSGROWERS
DELIVERINGDELIVERINGIMPROVED IMPROVED
VARIETIES TO VARIETIES TO FARMERS & FARMERS & GROWERSGROWERS
INCOME & INCOME & KNOWLEDGEKNOWLEDGE
DELIVERINGDELIVERINGADDED ADDED VALUEVALUE
1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
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1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
1. UPOV System of PVP
(a) Importance of plant breeding and Plant Variety Protection
(b) Sources of impact of Plant Variety Protection
(c) Key features of PVP System
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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.
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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.
EXAMINATION
•• NoveltyNovelty- the breeder provides information for the examination of novelty in the application form
•• DenominationDenomination- authorities should accept the denominationaccept the denomination that was submitted and registered with the first applicationregistered with the first application, unless such denomination is unsuitable in their territory- UPOV Plant Variety Database
•• DUSDUS- Trial- Cooperation (Exchange / Purchase of DUS Reports)
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•• NoveltyNovelty- the breeder provides information for the examination of novelty in the application form
•• DenominationDenomination- authorities should accept the denominationaccept the denomination that was submitted and registered with the first applicationregistered with the first application, unless such denomination is unsuitable in their territory- UPOV Plant Variety Database
•• DUSDUS- Trial- Cooperation (Exchange / Purchase of DUS Reports)
Utilizing protected varieties for breeding new varieties (Rep. of Korea)
Segregation
‘Daniela’ tomato ‘Duessra’ tomato
Breeder’s ExemptionBreeder’s Exemption
1919
Cross & selection
Long shelf life + more uniform fruitLong shelf life
Jin Young Yoon, WIPO Conference on Building Partnerships for Mobilizing Resources for Development (Geneva, November 5 and 6, 2009)
Enforcement of Breeders’ Rights
Explanatory notes UPOV/ENF/EXN/1
UPOV Convention requires members of the Union toprovide for appropriate legal remedies for the effectiveenforcement of breeders’ rights
It is a matter for breeders to enforce their rights
Non exhaustive list of enforcement measures
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Explanatory notes UPOV/ENF/EXN/1
UPOV Convention requires members of the Union toprovide for appropriate legal remedies for the effectiveenforcement of breeders’ rights
It is a matter for breeders to enforce their rights
Non exhaustive list of enforcement measures
UPOV/ENF/EXN/1 List of enforcement measures
(a) Civil measures
(b) Customs measures
(c) Administrative measures
(d) Criminal measures
(e) Measures resulting from alternative disputesettlement mechanisms
(f) Specialized courts21
UPOV/ENF/EXN/1 List of enforcement measures
(a) Civil measures
(b) Customs measures
(c) Administrative measures
(d) Criminal measures
(e) Measures resulting from alternative disputesettlement mechanisms
(f) Specialized courts
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1. UPOV System of PVP 2. Benefits of UPOV membership3. Cooperation
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BECOMING BECOMING A UPOV MEMBERA UPOV MEMBER
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HOW TO BECOME A MEMBER OF UPOV
see documents UPOV/INF/13/1 and UPOV/INF/6/3 at see documents UPOV/INF/13/1 and UPOV/INF/6/3 at http://www.upov.int/members/en/upov_membership.htmlhttp://www.upov.int/members/en/upov_membership.html
State/Intergovernmental Organization must:
• Have a law which conforms to the UPOV law which conforms to the UPOV Convention Convention
• Ask advice of the Counciladvice of the Council of UPOV
• If advice positiveadvice positive: deposit instrument of accession
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State/Intergovernmental Organization must:
• Have a law which conforms to the UPOV law which conforms to the UPOV Convention Convention
• Ask advice of the Counciladvice of the Council of UPOV
• If advice positiveadvice positive: deposit instrument of accession
UPOV UPOV status in 2015status in 2015
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
Members of UPOV (73)Initiating States (16) and Organization (1)States (23) and Organization (1) in contact with the UPOV Office
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Applications for Plant Breeders’ Rights
>100,000 PBR titles in force
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>3,400 genera/species
(a) Breeders▪ Diversity of breeders▪ Number of breeders▪ Investment in breeding
(b) Improved varieties(c) Farmers, Growers, Consumers
▪ Delivering improved varieties to farmers growers▪ Delivering added value to consumers▪ Income and Knowledge
(d) International dimension▪ Development of new industry on foreign markets▪ Access to foreign varieties and enhanced domestic programs
BENEFITS OF PVP SYSTEM AND UPOV MEMBERSHIP
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(a) Breeders▪ Diversity of breeders▪ Number of breeders▪ Investment in breeding
(b) Improved varieties(c) Farmers, Growers, Consumers
▪ Delivering improved varieties to farmers growers▪ Delivering added value to consumers▪ Income and Knowledge
(d) International dimension▪ Development of new industry on foreign markets▪ Access to foreign varieties and enhanced domestic programs
Domestic – PVP introduced
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Benefits of UPOV: the International Dimension
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SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
Domestic (new PVP/UPOV)
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Benefits of UPOV UPOV member
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
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SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
600
800
1,000
1,200
Latin America Countries acceding to UPOV between 1994 & 2000
Applications (non-resident)
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0
200
400
-5 -4 -3 -2 -1 0 1 2 3 4
Years after joining UPOV
Applications (residents)
Domestic (new PVP/UPOV)
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Benefits of UPOV
Breeder’s Exemption
UPOV member
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
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SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
UPOV memberDomestic (new PVP/UPOV)
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
Benefits of UPOV
Breeder’s Exemption
NEW VARIETIESNEW VARIETIES
BREEDERSBREEDERS
SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
SOCIETYSOCIETY
FARMERS, FARMERS, GROWERSGROWERS
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World Branding Strategy of “Ashiro” based on PBR
EU
JapanUSA
Supply through the year
Lovely Ashiro
Supply of propagating material
International Market DevelopmentInternational Market Development
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New Zealand
Export of cut flowers
Chile
Supply of propagating material
Yasunori Ebihara, International Symposium (Seoul, August 2009)
Foreign New VarietiesForeign New Varieties
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-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
0
5
10
15
20
25
30
35
40
45
1987
1989
1991
1993
1995
1997
1999
2001
2003
2004
2005
2006
2007
2008
Volu
me
(tons
)
Valu
e (B
illio
n Ks
hs)
Figure 2: Export of Kenyan Cut Flowers
Value (Billion (Kshs.)
Volume (Tons)
PVP Operational
UPOV Membership
Export of Kenyan Cut Flowers
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-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
0
5
10
15
20
25
30
35
40
45
1987
1989
1991
1993
1995
1997
1999
2001
2003
2004
2005
2006
2007
2008
Volu
me
(tons
)
Valu
e (B
illio
n Ks
hs)
Figure 2: Export of Kenyan Cut Flowers
Value (Billion (Kshs.)
Volume (Tons)
PVP Operational
UPOV Membership
Evans Sikinyi, Second World Seed Conference
International Perspective
0
500
1000
1500
2000
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
China (UPOV: 1999)
0100200300400500600700
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Rep. of Korea (UPOV: 2002)
020406080
100120
2006
2007
2008
2009
2010
2011
2012
2013
Viet Nam (UPOV: 2006)
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0
100
200
300
400
500
600
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
2010
2012
Australia (UPOV: 1989)
0
500
1000
1500
2000
1976
1979
1982
1985
1988
1991
1994
1997
2000
2003
2006
2009
2012
Japan (UPOV: 1982)
050
100150200250300350
1975
1977
1979
1981
1983
1985
1987
1989
1991
1993
1995
1997
1999
2001
2003
2005
2007
2009
2011
2013
New Zealand (UPOV: 1981)
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1. UPOV System of PVP 2. Benefits of UPOV membership3. Cooperation
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Harmonization, Resources and AssistanceHarmonization Resources Training & assistance
PVP Law • UPOV Convention• Explanatory Notes• Information materials
• UPOV Lex
• Distance Learningcourse
• TRAINERS
• UPOV events & activities
• Assistance by individual UPOV members
Ø Application • Model Application Form • EAF project
Ø Variety Denominations
• INF/12: “Explanatory Notes on Variety Denominations”
• UPOV Code
• PLUTO database
IMPL
EMEN
TATI
ON
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• Distance Learningcourse
• TRAINERS
• UPOV events & activities
• Assistance by individual UPOV members
Ø Variety Denominations
• INF/12: “Explanatory Notes on Variety Denominations”
• UPOV Code
• PLUTO database
Ø DUS Testing • General Introduction• TGP Documents• Test Guidelines• Model Agreement
(cooperation)
• GENIE Database
• Exchangeable softwareIM
PLEM
ENTA
TIO
N
Number of genera/species for which varieties protected by members of the Union: > 3,372
(>14,000 titles granted /annum)
COOPERATION
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Number of genera/species for which varieties protected by members of the Union: > 3,372
(>14,000 titles granted /annum)Practical DUS
experience offered for >3,305 genera and species
Agreements for cooperation between members of the Union: > 2,000
Cooperation between Authorities
Cooperation between Authorities can involve:
• purchase of DUS Test Reports from other Authorities
• bilateral arrangements to remove the need for duplication of DUS Tests
• centralized DUS testing at regional or global level
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Cooperation between Authorities can involve:
• purchase of DUS Test Reports from other Authorities
• bilateral arrangements to remove the need for duplication of DUS Tests
• centralized DUS testing at regional or global level
Cooperation between Authorities
Cooperation between Authorities is important for:• minimizing the time for DUS examination
• minimizing the cost of DUS examination
• optimizing examination of Distinctness in growing trials
• offering protection for all plant genera and species
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Cooperation between Authorities is important for:• minimizing the time for DUS examination
• minimizing the cost of DUS examination
• optimizing examination of Distinctness in growing trials
• offering protection for all plant genera and species
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