Geneva, October 31 - At the recent meeting of the UPOV Administrative and Legal Committee (CAJ), CIOPORA advocated for a sufficiently broad interpretation of the Essentially Derived Variety concept (EDV). According to CIOPORA, as far as vegetatively reproduced ornamental and fruit varieties are concerned, all mutations and GMO should be considered to be EDVs.
Photo by William Felker on Unsplash
The purpose of the EDV concept is to ensure a fair return on investment to the breeder of the Initial Variety. The right of the breeder of the original genotype should be strengthened by creating a level playing field between traditional breeders and biotech inventors (developers of GMO) and by maintaining breeders´ control over mutations.
Presenting CIOPORA's position on EDV before CAJ, Dr Edgar Krieger, Secretary General of CIOPORA said: “CIOPORA’s position reinforces rights breeders of protected initial varieties, giving them control over commercialization of mutants and GMO. This is particularly important in view of the rise of New Breeding Techniques (NBT). Although a mutant, particularly induced or NBT mutants, or a GMO can present a significant improvement over the initial variety, the sole or a predominant use of the protected variety's material is a deliberate choice made by the developer of the respective mutant or GMO. Therefore, it is only fair that the breeder of the initial variety benefits from commercialization of such mutations and GMO."
According to CIOPORA's position on EDV, a too narrow EDV approach does not take into consideration new developments in breeding and does not sufficiently support traditional breeding by ways of crossing and selection, undermining the protection of its results. An unclear and too narrow EDV approach creates a disadvantage, in particular, for small and medium-sized breeders as they in particular rely on clear and effective laws.”
In October 2019, UPOV shall organize a seminar on the impact of policy on Essentially Derived Varieties (EDV) on the breeding strategy.
CIOPORA will continue to advocate for the effective protection of Plant Breeders´ Rights.