CIOPORA Highlights Key Advances on Plant Variety Protection at the 2025 UPOV Sessions in Geneva

CIOPORA participated in the 2025 sessions of the International Union for the Protection of New Varieties of Plants (UPOV), where member states and stakeholders gathered in Geneva to discuss the future of plant variety protection amid rapidly evolving technologies. This year’s meetings, as emphasized by UPOV, placed strong focus on new technologies, digital transformation, and the need for robust frameworks to support innovation in plant breeding.

For CIOPORA, the week marked an important step forward in clarifying core concepts of the UPOV 1991 Act and strengthening the global system of Plant Breeders’ Rights (PBR), particularly for vegetatively reproduced ornamentals.

Key Discussions: Progress on Harvested Material and Unauthorized Use

One of the most relevant developments for CIOPORA and its members was the progress made by the Working Group on Harvested Material and Unauthorized Use of Propagating Material. Last year, this group commissioned five independent experts to analyze the intentions of the drafters of the 1991 UPOV Convention, focusing on the scope of breeders' rights, “unauthorized use,” and “reasonable opportunity.”

During the October 22 meeting, Mr. Huib Ghijsen presented the draft findings of the expert report. Two conclusions stand out:

• “Unauthorized use” refers to the use of propagating material of a protected variety without authorization from the right holder, whether inside or outside the territory where protection exists.

• “Reasonable opportunity”, applied within the cascade principle, aims to prevent retroactive or opportunistic claims while ensuring breeders are not deprived of protection when upstream enforcement is legally or practically impossible.

While the outcomes are preliminary and the section on “exhaustion” is still pending, CIOPORA considers these conclusions a positive and necessary step toward an accurate interpretation of the intentions expressed at the Diplomatic Conference of 1991.

CIOPORA’s Role in Modernization: Digitalization, EDV, and Global Harmonization

CIOPORA remains deeply engaged in the modernization of PBR systems worldwide. From digital application tools to evolving legal interpretations, the organization ensures breeders’ needs and experiences are represented at the highest level.

CIOPORA has been actively involved in UPOV PRISMA discussions since the beginning and continues its contributions under the new EAM framework. Many PVP offices and authorities value CIOPORA’s technical expertise, regularly inviting the association to participate in consultations and modernization projects.

Recent clarifications on EDV and harvested material from countries like Canada — as well as discussions within UPOV — demonstrate gradual but meaningful progress toward greater global consistency.