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UPOV Further Improves PBR Application Tool (EAF)

based on information from Hélène Jourdan, Meilland International UPOV’s electronic PBR Application Tool (EAF) was launched on the UPOV website in its first Version 1.0 on January 9, 2017, with Version 1.1 following in July 2017. This initial launch and the response by breeders was discussed at UPOV in Geneva on October 27, 2017. While online application numbers are currently low, UPOV is planning a number of additions and upgrades to this tool with Version 2.0, which will be launched in January 2018 as PRISMA and will include additional UPOV member countries, languages and crops. BACKGROUND AND KEY BENEFITS of EAF: The electronic application form is an online PBR application tool which feat

CIOPORA Urges Accession to UPOV 1991 Under the MERCOSUR-EU FTA

This week, a final round of negotiations was held in Argentina with representatives of the EU and the MERCOSUR (Argentina, Brazil, Uruguay, Paraguay) countries, in light of the conclusion of a Free Trade Agreement. In the framework of this discussion, CIOPORA has asked delegates from the EU to emphasize the obligation of the MERCOSUR member states to access the provisions of the UPOV 1991 Act. According to Article 9 of the Proposal Chapter on Intellectual Property Rights of said Agreement reads: The Parties shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants (UPOV) as lastly revised in Geneva on March 19, 1991, (

EU Parliament Favors Extended Protection of Woody Plants

In July, CIOPORA asked our breeders to voice their opinions about potentially extending CPVR rights of woody plants from 25 to 30 years and which specific genera of plants might benefit from this extension. We are happy to report that, after a letter from CIOPORA – and other breeders and organizations – the Community Plant Variety Office (CPVO) supported the case and provided to the European Commission auxiliary facts and figures. Based on this, the EU Commission brought the matter forward in a meeting of the Agricultural Committee of the EU Parliament on November 22, where it received strong support from Parliament members and pleas from the Agricultural Committee in the EP to pass legislat

EU Parliament Favors Extended Protection of Woody Plants

In July, we asked our CIOPORA breeders to voice their opinions about potentially extending CPVR rights of woody plants from 25 to 30 years and which specific genera of plants might benefit from this extension (see IPisode 11/2017). We are happy to report that, after a letter from CIOPORA – and other breeders and organizations – the Community Plant Variety Office (CPVO) supported the case and provided to the European Commission auxiliary facts and figures. Based on this, the EU Commission brought the matter forward in a meeting of the Agricultural Committee of the EU Parliament on November 22, where it received strong support from Parliament members and pleas from the Agricultural Committe

Continued PBR Titles After Brexit: CIOPORA Member Input

Considering the consequences that the BREXIT might entail for CPVR valid titles, CIOPORA asked our members for their feedback regarding the continuity of titles valid in the UK. The following is some of the input kindly provided by our members: UK should continue protecting titles under the CPVO system; UK should take over DUS examination reports carried out in the EU, without requiring an equivalent exam in the UK; Titles granted in EU prior to the BREXIT should be given full protection in the UK; Active applications before the BREXIT should continue to be processed in the UK as if it were still part of the EU; thus, the applicant would avoid dealing with more bureaucracy; The conseque

CIOPORA Meets with USPTO on EDV and Minimum Distance

In addition to the visit to the office of the USTR, the CIOPORA-US Delegation met with the Acting Director of the USPTO, Joseph Matal, and office’s leading staff members and plant examiners. The main point on the agenda of the meeting with Mr. Matal was the missing EDV concept within the US Plant Patent Act. (See additional information on the EDV Concept – or lack thereof – in this article.)  Although it is the task of the US legislator, and not the USPTO, to change the Plant Patent Act, the matter is of relevance for the USPTO which is the body that administers this piece of law. The CIOPORA-US Delegation explained the background of the EDV Concept in the UPOV 1991 Act and the conse

CIOPORA Ask Support from USTR in Critical Countries

On December 6, a CIOPORA-US Delegation consisting of Steve Hutton (Star Roses & Plants/CIOPORA President), Cynthia Mathiesen (Driscoll’s), Travis Bliss (Buchanan Ingersoll & Rooney), Craig Regelbrugge (AmericanHort) and Dr. Edgar Krieger (CIOPORA) met with 10 staff members of the office of the US Trade Representative (USTR) in Washington, DC. The USTR is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations with other countries and is a part of the Executive Office of the President of the United States. The following is some of the input kindly provided by our members: UK should continue protecting ti

CIOPORA Delegation Visits USPTO, USTR for Discussions

On December 6, a CIOPORA-US Delegation met with the US Trade Representative (USTR) and the United States Patent and Trade Office (USPTO) to discuss critical issues for the horticulture industry in the United States and beyond. USTR Meeting On December 6, the CIOPORA-US Delegation met with staff members of the office of the USTR in Washington, DC. The USTR is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations with other countries and is a part of the Executive Office of the President of the United States. One of the main tasks of the USTR is the preparation of the Special 301 Reports. These reports identif

CIOPORA Publishes Position on Patents for Plant-Related Inventions

CIOPORA has approved its official Position on Patents for Plant-Related Inventions via a position paper which was drafted over a period of two years by a special CIOPORA working group consisting of breeders, genetic engineers and Patent attorneys and was approved via a majority vote by the members of CIOPORA. “Patents in the plant world is a very complex and much-debated topic. At CIOPORA, we have applied a fully-transparent and democratic process for developing a balanced position on this matter, which takes into consideration the interests of both innovative traditional breeders and biotech inventors, on a worldwide basis,” said Per Klemm, Chairman of the CIOPORA Working Group on Patents a

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