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Topic: Plant variety rights


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  Plant Variety Rights and Plant Patents
In Europe, individual plant varieties per se are not patentable, however, a plant which is characterized by a particular gene (as opposed to its whole genome) is not included in the definition of a plant variety and is therefore patentable.
The Plant Variety Protection Act requires that a deposit of seeds of the new variety be made at an authorised depositary, and in the case of F1 hybrids, seeds of the parents must also be deposited.
Plant variety protection in the European Union is a result of the European Convention (Regulation 2100/94/EC), which is based on the 1991 UPOV Convention.
www.bios.net /daisy/bios/1234.html   (5167 words)

  
 plant variety rights
...by the Convention, and to be recognised as a full member of this international group with clear-cut obligations and rules when it comes to plant variety rights...
..."This potential locking up of genetic variation" is contrary to the spirit and intent of plant variety rights (PVRs), it said and urged for a strong case for...
The gold kiwifruit – unlike New Zealand's maincrop green fruit – are protected by plant variety rights and exclusive marketing agreements.
www.mongabay.com /igapo/biotech/plant_variety_rights.html   (138 words)

  
 The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002
(c) the new plant variety, in which the applicant wishes to acquire or exploit the plant breeders' rights or Community plant variety right, constitutes significant technical progress of considerable economic interest in relation to the invention protected by the patent.
In the case of an application for a compulsory plant variety licence, the proprietor of a patent for a biotechnological invention must also show that his invention constitutes significant technical progress of considerable economic interest in relation to the existing plant variety protected by prior plant breeders' rights (regulation 11(2)(c)).
Where a compulsory licence has been granted, the holder of plant breeders' rights or proprietor of a patent for a biotechnological invention, in respect of whose rights the compulsory licence has been granted, is entitled to payment of an appropriate royalty and the grant of a cross licence on reasonable terms (regulations 7 and 14).
www.opsi.gov.uk /si/si2002/20020247.htm   (3937 words)

  
 Plant Variety Rights definition
Without the legal protection of Rights the breeder can very soon lose control of the commercialisation of the new variety to persons who had not contributed towards the breeding costs.
The Rights scheme also allows New Zealanders access to overseas-bred varieties which would not be released here by their breeders without the protection of the legislation.
The result is that farmers, horticultural producers and home gardeners gain access to an increased number and range of improved varieties.
www.helpmefind.com /rose/gl.php?n=205   (232 words)

  
 Legislation   (Site not responding. Last check: 2007-11-02)
The Community plant variety right is almost identical in every way to a UK plant variety right and has the same derogations from the right, the breeders' exemption, farmers' privilege and compulsory license.
The main difference between a UK and Community plant variety right)obtained from the Community Plant Variety Rights Office), is that a community right is enforceable throughout the EU.
The Convention, for example, defines the conditions for the grant of a plant variety right, the rights of the breeder, derogations from that right and the provisions for ratification of the Convention.
www.bioethics-today.org /agbiotech/files/aglegislation.htm   (1392 words)

  
 Renew a Plant Variety Right in New Zealand for another year - www.govt.nz   (Site not responding. Last check: 2007-11-02)
You may renew to a maximum 20 years in the case of non-woody plants, or 23 years in the case of woody plants, beginning from the date when Rights are granted.
The PVR Office administers the Plant Variety Rights Act 1987 under which grants of plant variety rights may be issued to breeders for their new plant varieties.
Plant variety rights give breeders control over the commercialisation of their varieties helping them to obtain a financial return from their efforts and investments.
www.govt.nz /record?recordid=2033   (224 words)

  
 Plant Varieties
These rights are granted upon application to the Plant Variety and Seeds Office which is controlled by the Controller of Plant Variety Rights.
HM government is party to the International Convention for the Protection of New Varieties of Plants which established UPOV (The International Union for the Protection of New Varieties of Plants).
Proceedings for infringement of plant breeders' or may be brought in the Chancery Division of the High Court of Justice in England and Wales.
www.ipit-update.com /plants.htm   (451 words)

  
 Plant Variety Rights and Patent Acts under review
Meanwhile, the patent and PVR review documents are available at Patents Act Review and Plant Variety Rights Act Review.
UPOV, the Union for the Protection of New Varieties of Plants, is a regime for the protection of plant breeder's rights, which many countries have 'voluntarily' signed.
New Zealand is a signatory to UPOV '78, and the NZ Plant Variety Rights Office and the MED are pro-ratification of the 1991 revision.
www.converge.org.nz /pma/pvrasub.htm   (2277 words)

  
 PLANT VARIETY RIGHTS ACT 1987 NO. 2, 1987
Plant variety rights to be granted in relation to certain varieties only 14.
Plant variety rights not to be granted in respect of varieties previously sold 15.
Plant variety rights not to restrict sales for food, fibre, fuel, &c.
www.austlii.edu.au /au/legis/cth/num_act/pvra1987n21987274   (142 words)

  
 Plant Variety Rights | Intellectual Property Policy | Law, Finance & Business Regulation
To be granted a PVR, the variety must be new, distinct, uniform, stable, and have an acceptable denomination (variety name).
PVRs are granted for a term of 20 years in the case of non-woody plants, or 23 years in the case of woody plants.
The Plant Variety Rights Office is responsible for the granting of plant variety rights in New Zealand.
www.med.govt.nz /templates/StandardSummary____208.aspx   (166 words)

  
 www.govt.nz - Connecting you to New Zealand central & local government services
The Plant Variety Rights Office administers the Plant Variety Rights Act 1987 under which grants of plant variety rights (PVR) may be issued to breeders of new plant varieties.
A grant of plant variety rights gives the breeder control over the commercialisation of the variety and a chance to recoup costs and profit from the breeding investment.
The PVR scheme provides an incentive for investment and effort into plant breeding in New Zealand and for the release of promising new plants from foreign breeders.
www.govt.nz /contact?recordid=84   (166 words)

  
 INTELLECTUAL PROPERTY RIGHTS AND PLANT VARIETY PROTECTION
Under that Article, a variety which is essentially derived from a protected variety may be the subject of protection (if it fulfills the normal protection criteria of novelty, distinctness, uniformity and stability), but cannot be exploited without the authorization of the breeder of the protected variety.
Any protected variety may, even under the 1991 Act of the UPOV Convention, be freely used as a source of initial variation and only if a resulting variety falls within the narrowly defined concept of essential derivation is the authorization of the breeder of the protected variety required.
In agricultural systems based upon an assortment of varieties that is constantly renewed, the new variety is available on the market at a cost which is broadly similar to the cost of the varieties from the previous generation (the marginal cost thus is nil).
www.fao.org /WAICENT/faoinfo/agricult/aGp/agps/Abidjan/Paper9.htm   (9367 words)

  
 Defra, UK - About Defra - Service First - The Plant Variety Rights Office and Seeds Division: charter document
We exist to administer the statutory schemes for the grant of UK Plant BreedersRights, the award of National Listing of plant varieties and can also act as a receiving point for community plant variety rights applications.
Where it is necessary for you to submit seeds or other plant material, please ensure you send the correct quantity, properly packed using the labels supplied.
If you are still dissatisfied, you may write to the Controller of Plant Variety Rights and Head of Seeds Division at this address.
www.defra.gov.uk /corporate/opengov/charter/pvrochar.htm   (1520 words)

  
 Plant Breeders Rights - Ornamental Crops
Plant Breeders' Rights (PBR) are a form of intellectual property designed specifically to protect new varieties of plants.
While rights are active they give breeders control over the commercialisation of their varieties, helping them to obtain a financial return from their efforts and their investment in innovation.
For the breeder of a new variety the decision to apply for rights depends on a balance of various factors, but key points for consideration will be the likely market for the plant, ease and speed of propagation, probable sales volume, and how it will be marketed and licensed.
www.niab.com /services/plant-breeders-rights/pbr-ornamental.html   (413 words)

  
 EUROPA - Plant Health - Property Rights - Introduction
The system allows intellectual property rights, valid throughout the Community, to be granted for plant varieties.
The Community plant variety right (CPVR) is a form of intellectual property akin to a patent.
On the basis of one application to the CPVO, a breeder may be granted a single intellectual property right operative throughout the European Community.
ec.europa.eu /food/plant/propertyrights/index_en.htm   (264 words)

  
 IP Menu - Global Plant Rights Resources
The Community Plant Variety Office (CPVO) is a community organisation which implements and applies the European system for protecting plant variety rights.
The Plant Variety Rights Office of New Zealand is part of the Business and Registries branch of the Ministry of Commerce.
New Zealand is a member of the International Union for the Protection of New Varieties of Plants (UPOV).
www.ipmenu.com /plantrights.htm   (348 words)

  
 Review of the Plant Variety Rights Act 1987 | Plant Variety Rights | Intellectual Property Policy
Since the Plant Variety Rights Act 1987 was passed, there have been significant advances in plant breeding techniques.
Public input to this review was sought through a discussion document "Review of the Plant Variety Rights Act 1987 " released in March 2002.
Submissions closed on 26 July 2002, and a summary of submissions was released in November 2002.
www.med.govt.nz /buslt/int_prop/plantvarietyreview/index.html   (299 words)

  
 Plant Breeders Rights - Subtitle
Plant Breeders' Rights are a form of intellectual property designed specifically to protect new varieties of plants.
They are available to varieties which meet certain relevant internationally agreed criteria, and, if granted, cover specific territories for defined periods of time.
NIAB's role within the PBR system is technical: we conduct growing trials on varieties which are the subject of applications, to test whether they meet the criteria for grant.
www.niab.com /services/plant-breeders-rights   (186 words)

  
 Defra, UK - Plants and Seeds Plant Varieties & Seeds UK Plant Variety Rights Office & Seeds Division of Defra
This office provides: Plant Breeders Rights, National Listing and Seed Certification Services to plant breeders and the seeds industry.
Revised and new procedures and protocols for cereals (wheat, barley, oats, triticale, rye, spelt wheat) and potatoes respectively, have been published.
A Customer feedback survey is being conducted by the Plant Variety Rights Office and Seeds Divison.
www.defra.gov.uk /planth/pvs/default.htm   (297 words)

  
 The economics of generating and maintaining plant variety rights in China
Notwithstanding the ambiguous research and productivity promoting effects of plant variety protections (PVPs), even in developed countries, many developing countries have adopted PVPs in the past few years to comply with their Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations.
In this paper we empirically examine the pattern of plant variety protection applications in China since its PVP laws were first introduced in 1997.
We place those PVP rights in the context of China's present and likely future seed markets to identify the economic incentives and institutional aspects that influence decisions to develop and apply for varietal rights.
ideas.repec.org /p/fpr/eptddp/100.html   (342 words)

  
 Plant Breeders Rights
The detailed description and image is available if the variety has been granted full rights under section 44 of Plant Breeder's Rights Act 1994 or section 26 of Plant Variety Rights Act 1987
Disclaimer: This database does not include the varieties for which the PBR applications are currently in "Received" status.
Received status varieties are those for which the applications have been lodged but the acceptance process is still pending.
pbr.ipaustralia.plantbreeders.gov.au   (118 words)

  
 Trinidad and Tobago - Plant variety rights
Trinidad and Tobago has enacted a law for the protection of plant varieties.
The law follows in general the provisions of the International Convention for Protection of New Varieties of Plants.
Protection is for a period of eighteen years from grant for vines, forest trees, fruit trees and ornamental trees and fifteen years from grant for all other varieties.
ladas.com /BULLETINS/1997/1297Bulletin/Trinidad_PlantVarietyRight.html   (105 words)

  
 The Plant Variety Rights Office (Extension of Functions) Regulations 1995
A print version is also available and is published by The Stationery Office Limited as the The Plant Variety Rights Office (Extension of Functions) Regulations 1995, ISBN 011053560X.
These Regulations enable the United Kingdom Plant Variety Rights Office to carry out functions entrusted to it by the Community Plant Variety Office, created by Council Regulation (EC) No. 2100/94.
These functions are the exercise of specific administrative functions of the Community Office and the technical examination of varieties relating to compliance with the qualifying criteria for protection under the Community scheme.
www.opsi.gov.uk /si/si1995/Uksi_19952655_en_1.htm   (567 words)

  
 CLEA Fiche - Plant Variety (Grantee's Rights), Order, 15/12/1997   (Site not responding. Last check: 2007-11-02)
It adds a new category to clause 2, namely "Vegetatively propagated vegetable-producing plants".
Elle ajoute une nouvelle catégorie à l'article 2, à savoir "plantes potagères multipliées par voie végétative".
Plant Variety (Grantee's Rights), Order, 16/05/1988, No. 102 NZ_27
www.wipo.int /clea/en/fiche.jsp?uid=nz065   (158 words)

  
 Video Equipment - Dish DVR Fee   (Site not responding. Last check: 2007-11-02)
PVR Puerto Vallarta, Jalisco, Mexico - Gustavo Diaz Ordaz
PVR Monitor to be renamed The DVR Monitor, according to C Cubed
PVR Monitor to be renamed The DVR Monitor, according to C Cubed principal
www.totalvideo.org /detail-996761.html   (1750 words)

  
 CLEA Fiche - Plant Variety (Grantee's Rights), Order, 16/05/1988, No. 102   (Site not responding. Last check: 2007-11-02)
CLEA Fiche - Plant Variety (Grantee's Rights), Order, 16/05/1988, No. 102
Plant Variety (Grantee's Rights), Order, 16/05/1988, No. 102(nz027)
The Plant Variety Rights (Grantee's Rights) Order 1988
www.wipo.int /clea/en/fiche.jsp?uid=nz027   (102 words)

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