International Union for the Protection of New Varieties of Plants

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WIPO UPOV AB HQ

International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization established by the UPOV Convention in 1961. The organization's main objective is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants for the benefit of society. The UPOV Convention, as revised in 1972, 1978, and 1991, sets out the principles of this protection, granting breeders rights to their new plant varieties.

History

The need for an international system of plant variety protection was recognized in the early 20th century, leading to the establishment of UPOV in 1961. The original convention was signed by several European countries, and since then, the membership has expanded globally. The convention has been revised in 1972, 1978, and 1991 to adapt to the evolving needs of plant breeding and to provide stronger protection for breeders' rights.

Objectives

The primary objective of UPOV is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants. This is achieved through the establishment of a legal framework that grants breeders exclusive rights over their new varieties for a specified period. This framework encourages investment in plant breeding, leading to the development of new, improved plant varieties that can contribute to food security and the sustainability of agriculture.

Membership

Membership in UPOV is open to states that are party to the UPOV Convention. As of the last update, UPOV has member countries from all over the world, reflecting the global recognition of the importance of plant variety protection. Member countries are obligated to implement UPOV's principles into their national laws, providing legal protection for new plant varieties that meet the criteria of novelty, distinctness, uniformity, and stability.

Protection of Plant Varieties

Under the UPOV Convention, a breeder's right is granted to the developer of a new plant variety if it is novel, distinct from existing varieties, uniform in its characteristics, and stable over successive generations. The protection provided under the UPOV system allows the breeder to control the propagation of the protected variety, including production, sale, and distribution. The duration of protection varies but is generally 20 years for most plants and 25 years for trees and vines.

Criticism and Controversy

The UPOV system has faced criticism from various quarters, including some non-governmental organizations (NGOs) and developing countries. Critics argue that the system favors large breeding companies and can restrict the rights of farmers to save and exchange seeds, a practice that is integral to traditional farming in many parts of the world. There is also concern that UPOV's strong protection of breeders' rights may impact biodiversity and the availability of genetic resources.

Conclusion

The International Union for the Protection of New Varieties of Plants plays a crucial role in promoting the development of new plant varieties through its system of plant variety protection. While the UPOV system has contributed significantly to advancements in plant breeding, it continues to face challenges and criticisms related to the rights of farmers and the impact on biodiversity. As the global community seeks to balance the interests of breeders with those of farmers and the environment, the future of plant variety protection will likely involve ongoing dialogue and adaptation.