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January 21, 2020

January 6 - USDA has announced the publication of the Plant Variety Protection (PVP) Regulations final rule in the U.S. Federal Register on January 6, 2020. The final rule implements the 2018 Farm Bill amendment to add PVP protection for asexually reproduced plants. Effective immediately, PVPO accepts applications for asexually reproduced plants.

As requested by CIOPORA and AmericanHort, the rule's requirement as to the costly germplasm deposits in asexually reproduced plant varieties was delayed for three years to determine feasibility of long-term storage of these species.

You can find the fin...

January 21, 2020

Brussels, January 8 – The European Commission has published a new version of its Report on the protection and enforcement of intellectual property rights in third countries. The report flags third countries in which “the state of IPR protection and enforcement (both online and offline) gives rises to the greatest level of concern”.

For the first time, the 2020 edition dedicated a separate Annex to the protection and enforcement of Plant Varieties Rights. Largely based on the input submitted to the EU Commission by CIOPORA in 2019, the annex showcases country-specific analyses of PVP in Argentin...

January 21, 2020

Photo by Habib Ayoade on Unsplash

Many events have occurred in the Brexit process since our last report published on March 14, 2019. Neither did the UK leave the EU on March 31 nor April 12, May 22, or October 31, 2019. In fact, the UK has not left the EU yet. However, the UK and the EU did reach a new agreement in principle on October 19, 2019.

According to the new Withdrawal Agreement, the UK is due to leave the EU by January 31, 2020, if both the UK and the EU parliaments approve the new Withdrawal Agreement before the date. Both houses of the British Parliament have now approved the Agreemen...

January 6, 2020

Hainan, December 18-19 – Alanna Rennie represented CIOPORA at the Fifth Forum on Forest Genetic Resources and Ecological Construction in Hainan, China, hosted by China's National Academy of Forestry and National Laboratory of Forestry Genetics Breeding. With over 350 participants, mostly Chinese plant breeders, and some high-level officials in attendance, the Forum presented a perfect opportunity to reach out to the Chinese target audience, both promoting CIOPORA membership and educating on Plant Variety Protection.
 
Ms Rennie delivered a presentation on the differences between China's PVR sy...

The Supreme People’s Court of China has handed down its decision in the highly anticipated San Hong Pomelo Plant Variety Rights Infringement Case – providing significant clarification on the scope of Plant Variety Rights in China.

December 11, Beijing - The Supreme People’s Court handed down its decision on the Plant Variety Rights (PVR) infringement case of Cai Xin Guang (Appellant) vs. Guangzhou Runping Company Limited. Appellant is the holder of PVR in the pomelo variety San Hong (三红蜜柚 variety). The Appellant claimed that sales of the San Hong pomelo fruit in supermarkets infringed its PVR,...

December 16, 2019

Ragusa, November 20 – The Court of Ragusa sentenced an Italian grower, accused of the illegal propagation of a registered tomato variety, to one-year imprisonment and a fine of EUR 15,000 under the Article 517ter. of the Italian Criminal Code “Manufacturing and sale of goods infringing the industrial property rights”. The Court also ordered the defendant to pay damages of EUR 70,000 to the parties involved plus EUR 16,000 of legal fees.
 

The case was initiated by the CIOPORA lawyer member Nicola Novaro on behalf of the Anti-Infringement Bureau for Intellectual Property Rights (AIB) followed by...

December 12, 2019

December 3, Angers - CIOPORA Secretary General Dr Edgar Krieger participated in the CPVO Meeting of Examination offices (EOM) contributing a presentation on the issue of variety distinctness.

In CIOPORA's opinion, the EU Regulation 2100/94 (CPVR), discriminates two different degrees of "difference" between plant varieties:

  1. a (smaller) botanical degree which simply declares a variety different from an existing variety, irrespective of whether the conditions for the grant of a PVR are fully met. According to Article 5 of the EU Regulation 2100/94, such a variety is:

  • defined by the expres...

December 11, 2019

By Ernst-Jan Louwers, Louwers IP|Technology Advocaten

For propagation purposes, the breeder - the owner or licensee of PVRs - must make plant material available to nurseries, either directly or through his licensees. Propagated plants must then be made available to the growers for production purposes. This may lead to exhaustion of the PVRs on those plants.

Picture credit: Shutterstock

European Union

Article 16 of the 1991 Act of the UPOV Convention contains a provision on exhaustion [1]. This article provides that PVRs are exhausted when the material or the derived material has been “sold or othe...

November 28, 2019

October 14-16, Mexico – In anticipation of the PBR Law review by Mexico and its potential accession to the UPOV 1991 Act, CIOPORA legal counsel Micaela Filippo visited the country to raise awareness towards IP for plants and, on behalf of the breeders’ community, to contribute to Mexico’s current discourse on PBR.

 Photo credit: Jorge Zapata, Unsplash.com

The engagements during the four-day visit included: a presentation at a seminar on Mexico’s current draft PBR bill organized by the CIOPORA member Santamarina & Steta; a lecture “Introduction into IP Protection Systems for Plants” for stud...

November 27, 2019

Brisbane, October 11– the Australia-based Mountain Blue Orchards has won a legal battle over the unauthorized propagation, production and sale of its blueberry variety Ridley 1111.

The Federal Court of Australia (Queensland) entered orders that the respondents had infringed the Mountain Blue’s PBR in relation to propagating and harvested material of the variety. The Court ordered the respondents to restrain from any further infringement and, within 14 days, to deliver all illegally produced propagating and harvested material for destruction in the presence of the applicant. The respondents were...

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