Enforcement of PVR in the Ornamental Sector The Growers Point of View Balázs Hamar Hungarian Chamber of Agriculture AIPH Warsaw, 12.May 2006.

AIPH International Association of Horticultural Producers International Association of Horticultural Producers The AIPH is a coordinating body representing horticultural producers' organisations all over the world. The AIPH is a coordinating body representing horticultural producers' organisations all over the world. AIPH was founded in 1948 in Switzerland to stimulate international marketing of flowers, plants and landscaping services AIPH was founded in 1948 in Switzerland to stimulate international marketing of flowers, plants and landscaping services AIPH has members in 25 countries worldwide AIPH has members in 25 countries worldwide

AIPH Standing Committees Novelty protection Marketing Economics, Statistics, Social Affairs, Financing and Taxes –Publishing of the statistical yearbook with Union Fleurs Environment

Basis points of departure Each link in the chain bears equal responsibility for the ultimate market value Breeders need to be recompensate for the efforts made developing new varieties Rights regarding further production and marketing – growers To sell as much propagation material as possible

Decision by market forces: supply – demand Decision by market forces: supply – demand Trial test Trial test –Constructive correlation between growers and breeders –Basis for the grower for decision of investment in novelties –More formalistic and bureaucratic solutions in case of non agreement

Balanced plant breeders rights The verifiable (registered) breeder’s right name has always to be mentioned on (or with) the product in case of selling or trading. The verifiable (registered) breeder’s right name has always to be mentioned on (or with) the product in case of selling or trading. Rosa L. ‘Champion’ Perfection ® Rosa L. ‘Champion’ Perfection ®

Protection is only extended to harvested material if the material was obtained through the unauthorized use of the variety Protection is only extended to harvested material if the material was obtained through the unauthorized use of the variety UPOV Convention, European PBR system are based on the principle that the scope of PBR however is restricted to propagating material and not to the final product UPOV Convention, European PBR system are based on the principle that the scope of PBR however is restricted to propagating material and not to the final product

Trademarks When the negotiations cover a variety that is only protected by a trademark this means that there is no protection of a breeders’ right. When the negotiations cover a variety that is only protected by a trademark this means that there is no protection of a breeders’ right. Breeder has to inform the grower about his trademark rights and PBR Breeder has to inform the grower about his trademark rights and PBR Realisation of more transparency about the several rights in ornamental plant cultivation Realisation of more transparency about the several rights in ornamental plant cultivation

Coded denominations The use of codes does not work for commercial reasons The use of codes does not work for commercial reasons Market the product in an attractive way Market the product in an attractive way Codes make the product unrecognisable for growers, retailers and consumers Codes make the product unrecognisable for growers, retailers and consumers

AIPH is opposed the practice of some breeders giving the trade marks a much more important appearance in publicity and trade than the plant variety denomination AIPH is opposed the practice of some breeders giving the trade marks a much more important appearance in publicity and trade than the plant variety denomination AIPH is in general against combination of PBR and trademarks AIPH is in general against combination of PBR and trademarks

Contract law Parties are free to agree on the conditions Parties are free to agree on the conditions AIPH Checklist for breeder and grower to make a license agreement for the commercial exploitation of plant varieties Any breeder and any grower who wants to make a license agreement for the commercial exploitation of plant varieties, which enjoy protection by national or international variety rights, can use this checklist.

Breeders and growers need each other to stay on the market

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