scholarly journals Essentially derived varieties

2019 ◽  
pp. 37-61
Author(s):  
Charles Lawson
Keyword(s):  
Essentially Derived Varieties

Criteria for the definition of similarity thresholds for identifying essentially derived varieties

2013 ◽  
Vol 132 (6) ◽  
pp. 525-531 ◽  
Author(s):  
Enrico Noli ◽  
Maria Soccorsa Teriaca ◽  
Sergio Conti
Keyword(s):  
Essentially Derived Varieties ◽  
Definition Of ◽  
Similarity Thresholds

scholarly journals The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change

2021 ◽  
Author(s):  
John Stephen C. Smith
Keyword(s):  
Risk Taking ◽  
Current Approach ◽  
Individual Plant ◽  
Crop Species ◽  
Technological Advances ◽  
Essential Change ◽  
Essentially Derived Varieties ◽  
Perverse Incentives ◽  
New Varieties

This review examines the categorization of Essentially Derived Varieties (EDV) introduced in the 1991 revision of the Convention of the Union internationale pour la protection des obtentions végétales (UPOV). Challenges in the implementation of the concept and progress made on a crop-by-crop basis to provide greater clarity and more efficient implementation are reviewed. The current approach to EDV remains valid provided i) clarity on thresholds can be achieved including through resource intensive research on an individual crop species basis and ii) that threshold clarity does not lead to perverse incentives to avoid detection of essential derivation. However, technological advances leading to new varieties resulting from the simultaneous introduction or change in expression of more than “a few” genes will so challenge the concept to require a new Convention. Revision could include deletion of the concept of essential derivation and revision on a crop-by-crop basis of the breeder exception. Countries that allow utility patents for individual plant varieties per se should consider removing that possibility unless plant breeders utilize those encouragements for risk taking and investment to broaden the germplasm base upon which the long-term sustainability of plant breeding resides.

scholarly journals Towards a Fair Scope of Protection for Plant Breeders’ Rights in an Era of New Breeding Techniques: Proposals for a Modernization of the Essentially Derived Variety Concept

Agronomy ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. 1511
Author(s):  
Sven J. R. Bostyn
Keyword(s):  
Plant Breeding ◽  
Free Access ◽  
New Variety ◽  
Plant Variety ◽  
Essentially Derived Varieties ◽  
New Varieties ◽  
Scope Of Protection ◽  
New Breeding Techniques ◽  
Breeding Techniques ◽  
Plant Breeders Rights

Plant breeders’ rights (PBRs) are an important IP right, and as plant breeding has a crucial role to play in sustainability, it is vital that innovations in plant breeding receive the appropriate innovation incentives. The full breeders’ exemption ensures that there is always free access to the plant variety protected by a PBR for developing new varieties. The price to pay for this exemption is that PBR holders cannot prevent third parties from taking advantage of their efforts and investments in developing a new variety. This invites free-riding, at the detriment of the PBR holder. The concept of “essentially derived varieties” (EDV), introduced in 1991, provided a “fix” for this problem. It allows PBR holders to extend, at least to some extent, the scope of protection of their PBR to those varieties which use all or most essential characteristics of the initial protection variety. Decades have passed, but no adequate interpretation of the complex EDV concept has been found. The advent of new breeding techniques (NBTs) has made the discussion about a fair scope of protection of PBRs all the more relevant. This necessitates a modernization of the EDV concept, if the PBR system is to remain relevant and continue to be an innovation-incentivizing mechanism. I argue that a broader scope for the EDV concept is essential and fair. Determining what essential derivation is will remain a difficult task also in the future. This is why I have additionally proposed a collaborative reward model, which will facilitate the functioning of the EDV system and is capable of providing more legal certainty in this area.

Essentially Derived Varieties in View of New Breeding Technologies – Plant Breeders’ Rights at a Crossroads

2020 ◽  
Author(s):  
Michael A Kock
Keyword(s):  
Full Potential ◽  
International Convention ◽  
System A ◽  
Essentially Derived Varieties ◽  
New Varieties ◽  
Genetic Conformity ◽  
The Doctrine Of Equivalents ◽  
Scope Of Protection ◽  
New Breeding Technologies ◽  
Plant Breeders Rights

Abstract Plant breeders’ rights (PBR) within the framework of the International Convention for the Protection of New Varieties of Plants (UPOV) are the sui generis intellectual property (IP) system of choice for plant varieties. It achieves a balance between the protection of new varieties and access to protected breeding material for further improvement. The extension of the protection to essentially derived varieties (EDVs) in the UPOV 1991 Convention1 was controversial from the beginning as it creates a tension with the breeders’ exemption. The 2017 UPOV Explanatory Notes on EDVs further fueled the debate as they were seen to limit the EDV extension, while some argue that the EDV scope should extend to all predominantly derived varieties merely on the basis of genetic conformity. With the rise of new breeding technologies (NBTs), legal certainty on the EDV definition is of fundamental importance to avoid a chilling effect on these promising technologies. Not only would a broad EDV definition block critical innovation and restrict the full potential of NBTs to a few multinational companies,2 it would also substantially limit the scope of protection of NBT-derived varieties, as an EDV itself is not entitled to the EDV extension: Valuable NBT-derived varieties would become easy prey for plagiarism. This article shows that the legislative intent of the EDV provision does not limit innovative breeding to conventional crossing and that there is no basis for extending EDV protection to new, innovative varieties which do not retain the essential characteristics of the initial variety (IV) even if there is a high genetic conformity. By analogy with the doctrine of equivalents under the patent system, a derived variety cannot qualify as an EDV if it (i) does not retain all the essential characteristic of the IV and (ii) is ‘non-obvious’ and causes a ‘significant technical progress of considerable economic interest’. The article finally suggests guidelines and processes to overcome the current EDV dilemma.

scholarly journals The Future of Essentially Derived Variety (EDV) Status: Predominantly More Explanations or Essential Change

Agronomy ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1261
Author(s):  
John Stephen C. Smith
Keyword(s):  
Current Approach ◽  
Efficient Implementation ◽  
Crop Species ◽  
Intensive Research ◽  
Technological Advances ◽  
Essential Change ◽  
The Future ◽  
Essentially Derived Varieties ◽  
Perverse Incentives

This review examines the categorization of Essentially Derived Varieties (EDV) introduced in the 1991 revision of the Convention of the Union internationale pour la protection des obtentions végétales (UPOV). Other non-UPOV member countries (India, Malaysia, and Thailand) have also introduced the concept of essential derivation. China, a UPOV member operating under the 1978 Convention, is introducing EDVs via seed laws. Challenges in the implementation of the concept and progress made to provide greater clarity and more efficient implementation are reviewed, including in Australia and India. The current approach to EDV remains valid provided (i) clarity on thresholds can be achieved including through resource intensive research on an individual crop species basis and (ii) that threshold clarity does not lead to perverse incentives to avoid detection of essential derivation. However, technological advances that facilitate the simultaneous introduction or change in expression of more than “a few” genes may well fundamentally challenge the concept of essential derivation and require a revision of the Convention. Revision could include deletion of the concept of essential derivation coupled with changes to the breeder exception on a crop-by-crop basis. Stakeholders might also benefit from greater flexibility within a revised Convention. Consideration should be given to allowing members to choose if and when to introduce changes according to a revised Convention on a crop specific basis.

Essentially derived varieties in the era of new breeding techniques

2021 ◽  
pp. 71-88
Author(s):  
Serena Mariani
Keyword(s):  
Genetic Variation ◽  
High Efficiency ◽  
Ease Of Use ◽  
Plant Variety Protection ◽  
Independence Principle ◽  
Plant Variety ◽  
Essentially Derived Varieties ◽  
Variety Protection ◽  
New Breeding Techniques ◽  
Breeding Techniques

The current study sets out to analyse the concept of "essentially derived variety" (EDV) envisaged by the plant variety protection regime when new breeding techniques (NBTs) are employed in the development of new plant varieties. The use of NBTs to develop new plant varieties has grown rapidly over the last years because of their ease of use and their high efficiency. NBT varieties are mono-parental and retain most of the genome of the initial variety, thus most of its essential characteristics. The problem arises when the initial variety used as the source of genetic variation is a variety protected by a plant variety right. In this case, the question is whether the EDV concept should apply to the second variety obtained by NBTs and what can break the EDV chain. It must be noted that the EDV concept has revolutionised the plant variety protection system since it introduced the principle of "limited dependence" as an exception to the general independence principle governing this system. Therefore, as it is an exception, it should be interpreted rigorously.

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