XXIIIrd International Eucarpia symposium, Section Ornamentals ...

L20
Judith Blokland
Plantum NL, Gouda, the
Netherlands
j.blokland@plantum.nl
CAN WE STILL TAKE THE BREEDER’S
EXEMPTION FOR GRANTED?
Since the introduction of protection of plant varieties by plant breeders rights, the
breeders’ exemption has always been a crucial principle of our breeding industry. It
means that breeders have the freedom to use without permission all existing varieties for
further crossing and selection. This has lead to a flourishing industry in which many
different companies have had the opportunity to start breeding activities and obtain a
position on the market.
However, some developments might change this “freedom to operate”. Within the
Plant Variety Protection system the interpretation of Essentially Derived Varieties can
limit the breeders’ exemption to a serious extend. Second there is the increase of
patents in the plant sector. In Europe varieties cannot be patented as such, but specific
traits can be patented. All varieties that contain a patented trait fall under the scope of
the patent which means one cannot use these varieties freely for breeding. Thirdly there
is the biodiversity legislation which may limit the possibility to use varieties from certain
countries without first closing agreements.
Discussions about these topics are mainly dealt with on a political or juridical level.
Since these developments are likely to have a very big impact on breeding and research
activities it is of great importance that also breeders enter into these discussions. In my
presentation I will contemplate on the different positions that exist about the
interpretation of the EDV-concept and about the effect of patents in the plant sector.
46 Session Plant Breeder’s Rights