What does UPOV 1991 do? What doesn’t it do?

The Breeder’s Right

What it UPOV 1991 does:

  • Requires the Breeder’s authorization (can include paying a royalty) for:
    • Production or reproduction of seed of the protected variety
    • Conditioning for purposes of propagation
    • Offering for sale and sale
    • Stocking for purposes of sale
    • Exporting or importing

What it doesn’t do:

  • Restrict the use of protected varieties for any experimental purposes or any private, noncommercial purposes (such as subsistence farming)
  • Allow breeders to unreasonably restrict access to protected varieties the action is not in the public interest
    • if a breeder unfairly or unreasonably refuses to grant a license for a protected variety, the individual requesting the license can apply for a compulsory license from the Plant Breeders’ Rights Office

 

Farmer’s Privilege

What UPOV 1991 does:

  • Adds a clear clause giving countries the ability to provide a farmer’s exception to the parts of the Breeder’s Right

What it doesn’t do:

  • Prevent countries from providing farmers with the ability to save seed
  • UPOV 1991 adds a clear clause providing for an optional farmer’s exception to the Breeder’s right which allows, for planting on a farmers own farm:
    • Production and reproduction of seed
    • Conditioning for the purposes of propagation
  • Offering for sale, sale, stocking for sale, export and import still require the Breeder’s authorization

 

Royalty Collection

What UPOV 1991 does:

  • Extends the Breeder’s right to harvested material (grain)
  • Where the Breeder has not had a reasonable opportunity on the seed

What it doesn’t do:

  • Allow for royalties to be collected on both seed and grain

 

Hybrids and Essential Derivation

What UPOV 1991 does:

  • Extends Breeder’s right to hybrids produced from his/her protected variety
  • Extends Breeder’s right to varieties “essentially derived” from his/her protected variety (not the breeding, just the commercialization)

What it doesn’t do:

  • Prevent other Breeders from using protected varieties to breed new varieties
    • UPOV 1991 contains a clause that makes it compulsory for breeders to allow other breeders to have free access to protected material to develop new and different varieties.

 

General

What UPOV 1991 does:

  • Extends the protection from 15 years to 20 years for most crop kinds and from 18 to 25 years for trees and vines, (Canada’s current Plant Breeders’ Rights legislation actually provides protection for 18 years for all crop kinds – Bill C‐18 extends protection to 20 years for most crop kinds and 25 for trees and vines)

What it doesn’t do:

  • Contain any language about enforcement or penalty when the right is breeched.