XXIIIrd International Eucarpia symposium, Section Ornamentals ...

P49
Edgar Krieger
CIOPORA, Gänsemarkt 45,
20354 Hamburg, Germany
info@ciopora.org
STRENGTHENING BREEDER’S
INTELLECTUAL PROPERTY PROTECTION
WITH THE CONCEPT OF EDV – CIOPORA’S
POSITION
Many misunderstandings still exist, when it comes to the concept of EDV. CIOPORA
believes that only a clear interpretation of the EDV concept will provide fair and
predictable solutions on this matter and protect the intellectual property of innovative
breeders properly. In this regard the CIOPORA position paper distinguishes between two
types of EDV: varieties which are solely based on the genome of the initial variety and
where the genomic structure is highly conserved, e.g. spontaneous and induced
mutants, GMO and apomicts on one side and “Me-too-varieties” on the other. For both
groups CIOPORA developed clear rules.
The concept of "Essentially Derived Varieties" is a mixture of technical
(describing) and legal aspects. It is a true extension of the breeders´ right and a
temporary limitation of the breeders´ exemption. Taking into account Article 14 (5) (b) of
the UPOV 1991 Act CIOPORA is of the opinion that an asexually reproduced ornamental
and fruit variety shall be deemed to be essentially derived from another variety (the initial
variety) if it
a) is clearly distinguishable from the initial variety,
b) is predominantly derived from the initial variety or from a variety that is itself
predominantly derived from the initial variety and
c) except for the differences which result from the act of derivation, conforms to the
initial variety in the expression of the essential characteristics that result from the
genotype or combination of genotypes of the initial variety.
We explain how to deal with these prerequisites and with legal disputes in this
respect.
For further details please find attached the CIOPORA position paper on EDV and the
cover letter.
122 Session Posters