CIOPORA Chronicle 2015

From the Secretary General
Securing another
piece of the puzzle
Ciopora Chronicle sat down with CIOPORA Secretary General,
Dr. Edgar Krieger to learn more about the association’s future
challenges.
During the Annual General Meeting of CIOPORA in 2014 in The Hague, CIOPORA
members approved four IP Position Papers, on the Scope of Protection, Minimum
Distance, Breeders´ Exemption and Exhaustion.
CIOPORA Secretary General Dr Edgar Krieger.
What has been achieved in the recent AGM in Hamburg in April 2015?
Dr. Edgar Krieger: “During the AGM in Hamburg, the CIOPORA members placed another
piece of the puzzle, which deals with General Plant Breeders´ Rights Matters.”
What is this about?
“This paper is a comprehensive paper which contains the CIOPORA positions on matters such as
genera and species to be protected, the process of application and granting, conditions for protection
(e.g. novelty), DUS examinations, ownership of plants, DUS reports and DNA samples and
analyses, the composition and use of variety denominations, compulsory licenses, duration and
cost of protection, provisional protection and the enforcement of PBR and its cost.”
This sounds like a mixture of many things…
“Yes, the paper covers a variety of topics which are important for breeders but do not require a
single paper for each.”
Dr Krieger, can you highlight some of the topics in the paper?
“The paper has 11 pages, so I can give you only a limited selection of some important points.
For example, in reference to Novelty, the triggering point for the start of the grace period should
be linked to the physical transfer of propagating material for commercial purposes as opposed
to the ‘sale’ of this material in order to avoid confusion due to different legal understandings of
the term ‘sale’. CIOPORA also supports the development of harmonized application forms and
technical questionnaires and the set-up of technical tools for electronic applications, including
a harmonized language regime. The ultimate objective should be an optional system which
would allow breeders to apply for their new variety on one application form (electronically) and
choose the countries in which the application shall be accomplished. This should be combined
with a DUS examination for the variety in a competent examination office and the take-over of
the test report in the countries chosen. CIOPORA also requires that the provisional protection
be strengthened. That means that, in order to create a real incentive for breeders to launch their
innovation at an early stage, the breeder of the new variety must be in the position to control
the exploitation of his variety, i.e. to grant licenses and to stop ‘infringers’ even before the
protection title is granted. CIOPORA is also of the opinion that the use of the variety denomination
should not only be obligatory in relation to propagating material but also in relation to
harvested material. This is already the case for many species of fruits because of the marketing
rules. Finally, CIOPORA made a list of enforcement measures, which should be provided for by
national legislation in order to allow effective enforcement of breeders´ rights.”
What is left on the agenda of CIOPORA?
“In the coming months we will continue to discuss, in particular, the matter of Essentially
Derived Varieties (EDV) and Patents for Plant Innovations, and hope to be able to approve these
papers during the next AGM in Istanbul, the last week of April 2016.” |||
CIOPORA Chronicle June 2015 | www.FloraCultureInternational.com 21