The Plant Variety Protection System: General Presentation and Focus on the Essentially Derived Variety Concept
- Part Name
- The Plant Variety Protection System: General Presentation and Focus on the Essentially Derived Variety Concept
- Camille Bugnicourt
- Lawyer at FIDAL
- Publication Year
- KLRI Journal of Law and Legislation, Vol. 7 Issue. 1 Page. 117-162
- Breeder's privilege; Distinctness; Essentially derived variety; Farmer's privilege; Novelty; Patent; Plant variety; Stability; Uniformity; UPOV Convention
The plant variety system is a very technical field quite close from patent law, but with substantial differences. It is especially known for its exceptions, the breeder's privilege and the farmer's privilege, made with the aim to balance the interests of breeders and farmers. These exceptions were originally conceived to adapt the monopoly granted by this special intellectual property right to the specificity of the "living" on the one hand and of the agricultural sector on the other hand.
The breeder's privilege allows everyone to freely use a protected variety for further breeding. The result of the breeding can be distributed without the original breeder's authorisation.
The farmer's privilege allows farmers to use a part of their harvest obtained with a protected plant to sow their fields the following year without breeder's authorisation.
However, the UPOV Convention evolved with successive revisions. The extent of the plant variety right was originally quite limited. The scope of the plant variety certificate became much broader, and at the same time, its exceptions were weakeded.
In this regard, the concept of essentially derived variety was adopted, which framed the extent of the breeder's privilege. This blurry notion is nowadays the cause of many conflicts.
- Table Of Contents
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Ⅰ. Introduction: The Creation of Plant Variety Protection System
Ⅱ. Presentation of the Plant Variety Regulations
Ⅲ. Presentation of the Plant Variety Law
A. Object of the Plant Variety Law
B. Duration of the Plant Variety Law
C. Conditions of the Plant Variety Law
Ⅳ. Exceptions to the Plant Variety Right
A. Breeder's Privilege and the Concept of Essentially Derived Variety
B. The Farmer's Privilege
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