New plant breeders' rights standard proposed
A group of three associations has proposed a new system that would simplify plant breeders rights (PBR) applications around the world, but still operate within the International Union for the Protection of New Varieties of Plants (UPOV) framework.
The International System of Cooperation (ISC) proposal was made in a joint paper presented to the UPOV consultative committee last month, with the goal of increasing accessibility to plant breeders worldwide and helping them overcome obstacles in securing intellectual property (IP) rights in UPOV member states.
The paper's authors - the International Seed Foundation (ISF), Croplife International (CLI) and the International Community of Breeders of Asexually Reproduced Ornamental and Fruit Varieties (CIOPORA) - found these obstacles to be deviation from national application procedures, multiple language regimes, cost and time.
"An ISC would enable breeders to file PBR applications in various markets via a simplified and unified procedure, creating advantages for breeders and maximizing the effectiveness of the UPOV system," the authors said in a release.
"The system is not envisioned to replace PBR laws, and each jurisdiction would still maintain complete sovereignty in their application process.
"It is also expected that the ease of filing would increase the number of PBR applications in most, if not all, countries."
The joint proposal aims to consolidate PBR registration through an electronic form, currently being developed by UPOV, that would allow breeders to apply in the language of their choice.
"The procedure foresees the payment of a processing fee to a single bank account with the appliation fees paid to national UPOV offices on filing of the ISC application in that country," the release said.
"These measures will increase the efficiency of obtaining PBR by reducing red tape, and reducing breeders' expenditures on document translations and money transfers to foreign banks.
Recognizing the complexity of the matter and the need for further elaboration and consideration by member states, the committee asked the UPOV office to prepare a written ISC proposal, including the cost estimation and its potential impact on business.
The proposal will be back on the agenda of a UPOV meeting in October.
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