International Union For The Protection of New Varieties of Plants - Genetically Modified Plant Varieties

Genetically Modified Plant Varieties

The UPOV has been updated several times to reflect changing technology and increased understanding of how plant variety intellectual property protection must work. The last revision was in 1991, and specifically mentioned genetic engineering only insofar as it is a method of creating variation. Under the UPOV Convention alone, genetically modified crops and the intellectual property rights granted to them are no different than the intellectual property rights granted for traditionally bred varieties. It is important to note that this necessarily includes the ability to use protected varieties for subsistence farming and for research.

In October 2004, two joint Symposia were held in Geneva with the World Intellectual Property Organization (WIPO). These Symposia were the WIPO-UPOV Symposium on Intellectual Property Rights in Plant Biotechnology (24 October 2003) and the WIPO-UPOV Symposium on the Co-Existence of Patents and Plant Breeders’ Rights in the Promotion of Biotechnological Developments (25 October 2003). No new policy was created at either of these events, but a consensus emerged that both patents and plant-breeders' rights must combine to promote plant biotechnology.

As a policy matter, the UPOV is known to consider open and un-restricted access to the genetic resources of protected plant varieties to be important to the continued development of new varieties. This opinion is indicated in the "breeders' exemption" clause of the Convention, as described above, and was reinforced in October 2005 in a reply to a notification from the Convention on Biological Diversity.

In April 2003, the Convention on Biological Diversity asked the UPOV for comment on the use of Genetic Use Restriction Technologies (also known pejoratively as 'terminator genes') as they relate to the promotion of intellectual property rights. In the summary of their response, the UPOV stated that intellectual property protection is necessary because breeders must have the ability to recoup their money and labor investment in creating new varieties, and in that light, plants with 'terminator genes' may still be accepted for protection if they meet the other criteria. However, the UPOV comment states that the Convention and its system of protection is sufficient to protect intellectual property rights, and that with proper legal protections in place, technologies like 'terminator genes' should not be necessary.

Read more about this topic:  International Union For The Protection Of New Varieties Of Plants

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