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2014 CIOPORA Chronicle

CIOPORA annual magazine on Intellectual Property protection for plant innovations 2014. Produced in cooperation with FloraCulture International. Read in the 2014 issue: - Innovation bridges gap between tradition and future - Challenges of modern horticulture - IP Solutions for the Future: Creative Barcode - ‘Mission FUTURE’: CIOPORA’s position papers on IP - Enforcement reform: an Australian story - Trademarks and variety denominations - harmonization underway? and more...

CIOPORA annual magazine on Intellectual Property protection for plant innovations 2014. Produced in cooperation with FloraCulture International.

Read in the 2014 issue:
- Innovation bridges gap between tradition and future
- Challenges of modern horticulture
- IP Solutions for the Future: Creative Barcode
- ‘Mission FUTURE’: CIOPORA’s position papers on IP
- Enforcement reform: an Australian story
- Trademarks and variety denominations - harmonization underway?
and more...

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Voices of the industry<br />

Tackling the thorny issues<br />

The International Rose Breeders<br />

Association (IRBA) was founded<br />

in October 1989. It will celebrate<br />

its silver jubilee at the <strong>2014</strong> IFTF<br />

show, which will be held from<br />

November 5 to 7 in Vijfhuizen,<br />

the Netherlands.<br />

IRBA currently has 15 active<br />

member breeders of cut-roses. As<br />

the association had been working<br />

closely with <strong>CIOPORA</strong> regarding<br />

many PBR cut rose issues, it was<br />

decided at the IRBA meeting in<br />

Nice 2005, to join Ciopora as a crop<br />

section which today is known as the<br />

<strong>CIOPORA</strong> Crop Section Cut Rose.<br />

This ‘joint venture’ has strengthened<br />

the ties between both organisations,<br />

resulting in a more productive collaboration<br />

on important PBR issues.<br />

Ecuador<br />

There are different key PBR issues<br />

affecting the rose industry. Ecuador,<br />

for example, has become<br />

a problem for breeders; especially<br />

regarding their annual maintenance<br />

fees for PBR titles.<br />

The country has been imposing the<br />

highest fees for the registration and<br />

maintenance of PBR of any of the<br />

main rose exporting countries. By<br />

teaming up with <strong>CIOPORA</strong>, IRBA<br />

has pointed out the negative impact<br />

on breeders and growers alike.<br />

IRBA and <strong>CIOPORA</strong> have continuously<br />

emphasised that the discounts<br />

of the PBR fees offered by the Ecuadorian<br />

government to the breeders<br />

by Omer Schneider<br />

with breeding programs in Ecuador<br />

do not cure the violation of Article<br />

3.1 of the TRIPS Agreement. IRBA’s<br />

concerns have also been presented to<br />

the EU. Following the IRBA meeting<br />

in The Hague, the Netherlands,<br />

the Ecuadorian government published<br />

a discount structure for fees<br />

that is outlined in this same issue<br />

by Ciopora and IRBA member,<br />

Mr. Dean Rule. Page 44.<br />

Although Ecuador is a very important<br />

market for many cut rose<br />

breeders, there is a general consensus<br />

that within Ecuador most breeders<br />

might restrict availability of certain<br />

niche market varieties that have<br />

been an important part of the mix<br />

of Ecuadorian growers. At the same<br />

time, many breeders are committed<br />

to continue working with the<br />

excellent and honest growers in the<br />

country who have been actively<br />

promoting new varieties, while at<br />

the same time working to stop shipments<br />

from illegal farms at entry<br />

points in export markets.<br />

Russia<br />

Russia is also a quite problematic<br />

market for cut roses. Even though<br />

the rose is the No. 1 flower in Russia,<br />

only 15% of the cut roses on the<br />

market are produced locally. There<br />

are approximately 200 hectares of<br />

cut rose production – most, if not<br />

all, illegal. The current expansion<br />

is estimated at 63 hectares, 30 of<br />

which might be illegal.<br />

In order to get some protection,<br />

breeders must register their varieties<br />

with Gossortkom, the National<br />

Plant Variety Protection Office,<br />

with the objective of striving for<br />

PBR and additionally obtaining<br />

trademark protection. Russia has<br />

acceded to the 1991 Act of the<br />

UPOV Convention, but still needs<br />

to establish mechanisms for market<br />

monitoring and control of alleged<br />

illegal growers. IRBA and <strong>CIOPORA</strong><br />

have a joint venture in place and<br />

are working with a law firm in<br />

Russia to address key issues.<br />

The pertinent question is how<br />

to implement an improved PBR<br />

protection system.<br />

Rosa ‘Paloma’<br />

by Rosen Tantau<br />

(Photo credits:<br />

Rosen Tantau).<br />

Kenya<br />

Recently, the Kenya Flower Council (KFC)<br />

has introduced a Code of Conduct regarding<br />

breeders. IRBA has been working with KFC to<br />

ensure that the code is not restrictive for the cut<br />

rose breeders. Since breeders can’t always be present<br />

at the meetings, the association assigned two<br />

breeder associates in Kenya to represent IRBA<br />

during important KFC meetings and to report<br />

back to IRBA. No decisions were to be made<br />

without IRBA’s approval. By the end of March<br />

<strong>2014</strong> the code KS 1758-2004 was finalised and<br />

approved by IRBA, and a copy was submitted to<br />

the IRBA members and <strong>CIOPORA</strong>.<br />

Mexico<br />

IRBA member and President of <strong>CIOPORA</strong>,<br />

Andrea Mansuino, had recently visited Mexico.<br />

He reported on cut rose production and advised<br />

that most of the production there was illegal.<br />

Though there is a PBR law in place, Mexico has<br />

not been successful with its implementation.<br />

Most of the production is for local consumption.<br />

However, there appears to be some export activity<br />

developing.<br />

It was agreed that <strong>CIOPORA</strong> and IRBA should<br />

develop a joint action plan to address the issues in<br />

Mexico to better protect PBR on cut rose varieties.<br />

Other countries that are continuously monitored<br />

regarding PBR development are Brazil, China,<br />

Ethiopia, and a number of others with emerging<br />

floriculture activities. |||<br />

About the author<br />

For the past 18 years, Mr. Omer Schneider has been chairing the<br />

International Rose Breeders Association (IRBA), which has become the<br />

<strong>CIOPORA</strong> Crop Section Cut Rose IRBA. He is past President of <strong>CIOPORA</strong><br />

(1996-1999) and had been on the Board of the association for 21 years. He is<br />

also past President of AARA (All American Rose Selection). Mr. Schneider<br />

has acquired his extensive expertise in the area of rose breeding and<br />

marketing at Jackson & Perkins Co/Bear Creek Corporation, where he<br />

worked for 36 years, including a decade in role of Sr. Vice President.<br />

<strong>CIOPORA</strong> <strong>Chronicle</strong> June <strong>2014</strong> | www.FloraCulture.eu 19

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