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International Union for Protection of New Varieties of Plants

The International Union for the Protection of New Varieties of Plants or UPOV is an important key in protecting plant breeders’ rights worldwide and especially in agriculture and gardening. UPOV sets rules to protect new plant varieties, encouraging innovation and economic growth. UPOV tackles the unique challenge of protecting living things like plants. It balances the needs of breeders with those of society. This article explains UPOV’s history, structure, legal rules, and its impact on law and policy.

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History and Establishment of International Union for Protection of New Varieties of Plants

International Union for Protection of New Varieties of Plants began in the mid-20th century when European plant breeders saw the need for a system to protect their new plant varieties. In 1956, they started talks that led to the International Convention for the Protection of New Varieties of Plants, signed in Paris on December 2, 1961. This agreement created UPOV as an international organization based in Geneva, Switzerland.

At first, only a few Western European countries joined UPOV by the 1970s. Its growth sped up in the 1990s due to global trade agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). TRIPS required countries to protect plant varieties through patents or a special system like UPOV’s. Many nations adopted UPOV’s rules to meet these requirements. Trade deals with groups like the European Union and the United States also pushed countries in Latin America, Asia, and Africa to join UPOV.

The UPOV Convention and Its Revisions

The International Union for Protection of New Varieties of Plants Convention is the heart of the organization. It has been updated several times to meet new needs. The original 1961 version was revised in 1972, then changed significantly in 1978 (called UPOV 78) and 1991 (called UPOV 91). Older versions are no longer open to new members, but existing members can use UPOV 78 or UPOV 91. New members must follow UPOV 91, which has stronger rules.

These updates show changing priorities. UPOV 78 offered basic protections, while UPOV 91 covers all types of plants, adds the idea of essentially derived varieties (plants very similar to protected ones), and strengthens breeders’ rights. These changes keep UPOV relevant in a global economy where plant breeding requires big investments and involves trade across borders.

Objectives and Key Principles

UPOV’s main goal is to create a system that protects new plant varieties and encourages their development for society’s benefit. Member countries follow rules to ensure varieties are:

Novel: Not sold for more than one year in the country or four years abroad.
Distinct: Clearly different from other known varieties.
Uniform: Showing consistent traits.
Stable: Keeping the same traits over generations.

These rules create a standard system that makes it easier to trade seeds and plants across countries. By giving breeders exclusive rights, similar to patents but designed for plants, UPOV encourages investment in research. This leads to better crops with higher yields, stronger disease resistance, and improved nutrition.

Protection Mechanism

UPOV’s protection process is simple. Breeders apply to a country’s authority, which tests the variety using UPOV’s guidelines for distinctness, uniformity, and stability (DUS testing). Protection applies only in the country that grants it, but breeders get a one-year priority period to apply in other UPOV member countries based on their first application’s date.

Once approved, the variety needs a clear name that avoids confusion. Protection lasts at least 20 years under UPOV 91. This system gives breeders legal certainty, letting them license their varieties and earn money through royalties.

Rights of Breeders

Rights of breeders are the core of UPOV’s system. They give breeders control over their plant’s propagating material (like seeds or cuttings). Under UPOV 91, this control includes permission to produce, reproduce, prepare for propagation, sell, import, export or store the material. These rights also cover harvested products (like fruits or flowers) if they come from unauthorized use of the protected plant. This provides strong legal tools to fight violations.

Exceptions and Limitations

To balance breeders’ rights, International Union for Protection of New Varieties of Plants includes exceptions to avoid overly strict rules. Required exceptions allow private, non-commercial acts (like home gardening), experiments, and breeding new varieties (called the breeder’s exemption). UPOV 91 may let farmers save seeds for use on their own farms, but with limits to protect breeders. This is stricter than UPOV 78, which allowed more flexibility for farmers.

Protection can be canceled if the variety doesn’t meet requirements like novelty or if it loses stability after being approved. These rules ensure the system supports innovation without blocking access to plants, especially in developing countries worried about food security.

Membership and Governance

International Union for Protection of New Varieties of Plants currently has 78 members, including countries like the United States, China and the European Union, as well as groups like the African Intellectual Property Organization. To join, countries must sign the UPOV Convention and pass national laws that follow its rules. New members must adopt UPOV 91.

A Council of representatives from each member meets yearly to set policies, approve budgets and guide the organization. A small office in Geneva runs daily operations and supports technical committees that set standards for DUS testing. This setup ensures fair decision-making and keeps rules consistent across members.

Impact on Agriculture and Law

UPOV has shaped agriculture and legal systems. Tt encourages innovation which leads to better crops that improve food security by protecting breeders. It also fits with global intellectual property regulations like TRIPS which ultimately helps in countries to meet their obligations while customizing protections.

However, some developing countries and organizations criticize UPOV 91 for limiting traditional practices of farmers like saving seeds which could harm biodiversity and small farmers. UPOV’s protections encourage investment, benefiting everyone in agriculture.

Learn about Plant Variety Registration Process

Difference Between UPOV 1978 and 1991 Acts

The table below shows the main differences between UPOV 78 and UPOV 91, highlighting changes in scope, rights, exceptions, and requirements.

Aspect	UPOV 1978 Act	UPOV 1991 Act
Scope of Protection	Covers at least 5 plant types at first, expanding to 24 within 8 years. Harvested material protection optional in some cases.	Covers all plant types within 5-10 years. Harvested material protection required if propagating material was unauthorized.
Breeders’ Rights	Covers commercial production and marketing of propagating material. No concept of essentially derived varieties.	Includes production, reproduction, and storage. Adds essentially derived varieties to stop minor changes to protected plants.
Exceptions	Allows broader flexibility for farmers’ seed saving and private use.	Optional seed-saving for farmers with limits; required exceptions for private, experimental, and breeding purposes. Clarifies subsistence farming.
Duration	At least 15 years (18 for trees/vines).	At least 20 years (25 for trees/vines).
Requirements	Requires novelty, distinctness, uniformity, stability (DUS testing).	Adds temporary protection during application; promotes international cooperation in DUS testing.

This table shows how UPOV 91 offers stronger, broader protection while adding some flexibility for users, aligning with modern intellectual property standards.

Summary

The International Union for Protection of New Varieties of Plants is a key part of intellectual property law, connecting innovation and agriculture. Its convention provides a balanced system that has adapted to global needs. As the world faces challenges like climate change and population growth, understanding and improving this system will be vital for sustainable development.