Reports by UPOV Members, Observers
The following are selected reports by representatives of members and observers of UPOV regarding the situation in the Legislative, Administrative and Technical Fields prepared for the Fiftieth Ordinary Session of UPOV in Geneva on October 28, 2016. CIOPORA would like to highlight the following reports
for our member community.
1. Situation in the legislative field 1.1 Amendments of the law and the implementing regulations – Adaptation to the 1991 Act of the Convention Belgian law has already been made compliant with the 1991 Act of the Convention. This was achieved by Book XI, ‘Title 3. - Plant Breeders’ rights’ of the Code of Economic Law which entered into force on July 1st, 2015 (Moniteur Belge, March 29th, 2013, p. 19975). Currently a legislative proposal is being prepared to proceed with the official ratification of the 1991 Act of the Convention. This proposal will be finalised in the fall of 2016 and is expected to go to parliament in 2017. 1.2 Extension of protection to further genera and species Since the entry into force on July 1st, 2015 of Book XI, ‘Title 3. - Plant Breeders’ rights’ of the Code of Economic Law, the protection offered by Belgian Plant Breeders’ rights is available for varieties of all botanical genera and species, including in particular their hybrids.
CANADA Cooperation in examination On April 29th, 2016, Canada amended its policy on the acceptance of foreign Distinctness, Uniformity, and Stability (DUS) test results. Canada’s Plant Breeders’ Rights Office will now accept foreign DUS test reports from any UPOV member for horticulture and ornamental varieties (except Solanum species), in lieu of conducting the trials in Canada.
NEW ZEALAND 1. Situation in the legislative field The Intellectual Property Chapter of the Trans-Pacific Partnership (TPP) requires New Zealand to either accede to UPOV 91 or implement a plant variety rights system that gives effect to UPOV 91 within three years of entry into force of TPP (TPP Annex 18 – A). Implementing New Zealand’s TPP obligations in relation to plant variety rights will require amendment to New Zealand’s current legislation the Plant Variety Rights Act 1987. A review of the Act is expected to commence in late 2016 or early 2017. The Plant Variety Rights Act 1987 remains in force, conforming to the 1978 Act of the Convention. 2. Cooperation in examination New Zealand continues to purchase test reports from member states, for certain species on an as required basis, under the general provisions of the Convention. The Plant Variety Rights Office (the Office) and Intellectual Property Division, Food Industry Bureau of the Ministry of Agriculture, Forestry and Fisheries, Japan agreed to a Memorandum of Cooperation on the Examination of Varieties in March 2016. The Memorandum makes available the results of examination in one state for use in the other, at no charge.
1. Situation in the legislative field
1.1 Amendments of the law and the implementing regulations
“Amendments of the rulebook on form and content of the application for granting plant breeder’s right, the required documentation, the amount and manner of delivery of reproductive material samples” was adopted and published in the “Official Gazette of the Republic of Serbia”, No. 20/2016, dated on March 3, 2016
EU 2) Cooperation in examination 2.1 Conclusion of new agreements: On 9 March 2016 the Agriculture and Food Agency (AFA), Council of Agriculture of Taiwan, Province of China, and the CPVO have signed an Administrative Arrangement (AA) on Plant Variety Rights protection of Phalaenopsis and Doritaenopsis.