1#Intellectual Property

The concept of essentially derived variety was introduced into the 1991 Act of the UPOV Convention in order to avoid plagiarism and to fill the gap between Plant Breeder’s Rights and patents, a gap which was becoming important due to the increasing use of patented genetic traits in plant varieties introduced through genetic engineering. An […]

In ISF’s view Farmer’s Rights as defined by the International Treaty for PGRFA (see Farmer’s Rights) and Plant Breederís Rights as defined by UPOV (see Plant Breeder’s Rights) are compatible in the following cases: Crop production Farmers choose varieties, landraces or improved, best suited to their conditions and retain their right to choose varieties and

Contrary to Farmers’ Rights with which it is frequently confused, Farmers’ Exemption (also called Farmers’ Privilege) is very well defined. It is a consequence of an exception to Plant Breederís Rights as per the UPOV Convention. The 1978 Act of the UPOV Convention states that the production of seed of a protected variety for purposes

A variety developed by a farmer is eligible to be protected by a Plant Breeders Right (PBR) if it meets the requirements of distinctness, uniformity, and stability. Eligibility will also be determined by the requirements of the national PBR Act and regulations in the country of application including provisions of prior sale and duration of

Plant Breeder’s Rights are intellectual property rights given to a person who has developed a variety. The variety must be: new clearly distinguishable from any other variety whose existence is a matter of common knowledge sufficiently uniform in its relevant characteristics, and stable The duration of a right is always limited in time. Its scope

Any genetic material of plant origin that is of potential value for creating improved germplasm is a plant genetic resource. Plant genetic resources for food and agriculture are, in general, sub-divided in the following five categories: wild and weed species that are closely related to cultivated species landraces special genetic stocks including elite and current

ISF considers the definition used in the 1991 Act of the UPOV Convention to be the most appropriate. It reads as follows: Variety means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breederís right are fully met, can