Principles of Plant Genetics and Breeding

442 CHAPTER 24
a request by the AOSCA, the Federal Seed Act of 1970
was enacted to set the minimum standards for all certified
seeds produced in the USA.
Usually, seed certification agencies in the USA are
organized as state crop improvement associations that
operate in collaboration with state agricultural extension
stations. The operation often includes agricultural
extension services and the state department of agriculture.
The expenses of their operation are covered
B. Riché, and D. J. Donnelly
International Union for the Protection of New Varieties of Plants
partly by inspection and certification fees they charge
growers.
The specific guidelines vary among crop species and
regions of production. For example, the kinds and proportion
of weed seed in commercial seed that is tolerable
varies from one region to another. Certification services
are available for field crops, turf grasses, vegetables,
fruits, vegetatively propagated species, woody plants,
and forbs.
Industry highlights
Plant variety protection in Canada
Plant Science Department, McGill University, Ste. Anne de Bellevue, QC H9X 3V9, Canada
The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization that provides
for the recognition of plant breeders’ rights on an international basis. 1 The acronym UPOV comes from the French name of the
organization, Union internationale pour la protection des obtentions végétales. UPOV was established by the International
Convention for the Protection of New Varieties of plants (the UPOV Convention) in 1961. There have been subsequent UPOV
Conventions (1972, 1978, and 1991). UPOV member countries are bound by the UPOV convention that applied at the time they
joined UPOV, or to subsequent conventions that they may have adopted. The different UPOV conventions differ in the minimum
scope and duration of protection, farmers’ privileges and breeders’ exemptions. As of November 9, 2004, 58 countries were signatories
to the UPOV Conventions.
The mission of UPOV is to “provide and promote an effective system of plant variety protection, with the aim of encouraging
the development of new varieties of plants, for the benefit of society” (UPOV 2004).
The breeding of new plant varieties requires large investments in terms of technology, infrastructure, and human resources.
UPOV member countries acknowledge the achievements of breeders of new plant varieties by granting them intellectual property
rights called plant breeders’ rights. Plant breeders’ rights stimulate investment in plant breeding, variety improvement, and
commercial propagation of plant material by individuals, private and public breeding organizations, and firms. UPOV also assists
countries in the introduction of plant variety protection legislation. The UPOV conventions define the principles of plant variety
protection that must be included in the national laws of the member countries. This promotes international harmonization and
cooperation between the members.
According to the UPOV conventions, a variety is granted protection if it is new, distinct, uniform, and stable. In addition, the
variety must be designated by an acceptable name (naming criteria are described in Article 20 of the 1991 Convention), and the
breeder must pay the application and annual fees.
According to the 1991 UPOV Convention, the breeders’ rights are granted for a period of not less than 20 years, or for not less
than 25 years in the case of trees and vines. The breeders’ rights include exclusive control of the protected variety and all aspects
of its propagation. Without the authorization of the breeder, no one is allowed to propagate, sell, or market the plant in any way.
However, there are two exceptions to the breeders’ rights. Firstly, protected varieties may be used by other breeders for breeding
and developing new plant varieties. This is called the breeder’s exemption. Secondly, farmers may save and use their own seed of
protected varieties for the purpose of re-sowing on the same farm (but not for the purpose of selling the seed) without infringing on
the breeder’s right. This is called the farmer’s privilege. It is an optional exception, which means that each member country may
decide to include it or not in their legislation.
1UPOV, 34, chemin des Colombettes, CH-1211 Genève 20, Switzerland; tel. (+41-22) 338 91 11; fax: (+41-22) 733 03 36; email:
upov.mail@wipo.int; internet: http://www.upov.int.