Law and Policy of Relevance for the Management of Plant Genetic Resources - 3.6.1 Objectives of Session 6 To discuss the meaning of sui generis protection.

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Presentation transcript:

Law and Policy of Relevance for the Management of Plant Genetic Resources Objectives of Session 6 To 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 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 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 Patents: Core Concepts Utility Novelty Non-obvious

Law and Policy of Relevance for the Management of Plant Genetic Resources The TRIPS Agreement: Article 27.3(b) Member States shall provide for the protection of plant 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 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 Patents and PVP Interface may be important in designing sui generis system

Law and Policy of Relevance for the Management of Plant Genetic Resources 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 UPOV Convention Minimum standards for sui generis protection of plant varieties Acts of 1961/1972, 1978/ Member countries

Law and Policy of Relevance for the Management of Plant Genetic Resources 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 Patents vs. PVPs PATENTS PVPs Genes, cells, plants, varietiesPlant varieties Novelty, inventive step, industrial applicability Novelty, distinctness, uniformity, stability Exclusive rights over use, research and breeding Farmers’ privilege Breeders’ rights

Law and Policy of Relevance for the Management of Plant Genetic Resources Options --UPOV 1978 (all varieties, national treatment) --UPOV UPOV amended (criteria, compensation to farmers) Dual system (uniform varieties/landraces) Other sui generis options