2011 CIOPORA Chronicle - the 50th Anniversary Edition

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the Calibrachoa colour mix Trixi® Petticoat which was awarded “Balcony Plant of the Year 2010” in Burgenland, Austria and “Bedding and Balcony Plant 2011” in various German states. Osteospermum FlowerPower® Double In 2010 it was already for the second time that Selecta was able to introduce to the world a sensation in breeding: Osteospermum with double flowers. Unlike other Asteraceae flowers the Osteospermum was only available as a normal flowering plant. Over the past years Selecta has done intensive research work to induce a mutation for an altered flower phenotype. After detection of a first Osteospermum plant with some altered flowers, a remarkable breeding effort - including the help of molecular analysis - was necessary until the first varieties with perfect altered flowers and in different colours were available. Hence, Selecta is proud to be the only breeder worldwide to offer a complete Osteospermum series in basic colours, a wide range of special colours and with double flowers - the FlowerPower® line. Growers and retailers are given the possibility to offer varieties with a unique selling proposition. All varieties of the FlowerPower® Double line have the same growth habit like the single flowering. Varieties with double flowers are extremely early, keep longer in the field compared to single flowering plants and stay open even under low light conditions. Taspo Award Consequently, double flowering plants are on the same technical status concerning the growth habit as single flowering and even exceed them in flower quality. Being awarded as “Breeder of the Year” with the Rabensteiner Award at the Taspo Awards 2010 for breeding double flowering Osteospermum is not only a recognition for Selecta’s breeding work but also an incentive for the whole industry to keep on working on innovative developments. “’Creating the future’ - this slogan is our inspiration to develop top quality products and world novelties for producers, retailers and consumers. CIOPORA supports this vision and our breeding efforts with their representation of interests”, stated Per Klemm, Chief Operating Officer of Selecta Klemm GmbH & Co. KG. and Vice President of CIOPORA. “Therefore CIOPORA is one of the most important instruments in facilitating the development of a legal framework which is key to develop a sound economical basis for innovation within our industry helping thereby the stakeholders adding value throughout the supply chain.” ||| Osteospermum FlowerPower® Double Silver. Calibrachoa MiniFamous® Double Yellow and Double Amethyst. Osteospermum FlowerPower® Double White. Calibrachoa MiniFamous® Double Pink. CIOPORA Chronicle April 2011 | www.CIOPORA.org 45
China On June 5th 2008, the Chinese government released the National Strategy for Intellectual Property Rights (IPR), in which, for the first time, Plant Variety Rights (PVR) have been upgraded to a similar position as patents, trademarks and copyrights. Dr. Yu (right) and his PBR partner. China deploys national strategy for IPR by Dr. Shuyun Yu In 1997, China legislated the PVP law as Regulations of the People’s Republic of China on the Protection of New Varieties of Plants to comply with the 1978 Act of the UPOV convention, to which China became the 39th member state on April 23rd 1999. Revision of the regulations will soon start in order to match some definitions of the UPOV 1991 Convention. According to China’s situation and condition of state, it is assumed that China will not join the UPOV Convention 1991 in the near future. Revised rules On 1st January 2008, China started the implementation of revised rules of PVP Regulations for the agricultural sector, with exception for forest trees, shrubs, and woody ornamentals, such as: roses, Azaleas, Poinsettias and tree peonies. In these rules the definition of novelty, i.e. the first sale of candidate variety of plants, was limited to stringent conditions. Renewed judicial interpretation On February 1st 2007, the Chinese Supreme Court started a renewed judicial interpretation in which the evidence to be preserved of an alleged infringement was specified and the penalty was intensified to make the professional PBR lawsuits more operable and practicable. PBR plantlist The updated 8th batch list of protectable agricultural plants was released on 18th January, 2010 by the Chinese MOA. So far, a total of 158 genera or species are on the national lists of PBR protection. Yunnan Province The local legislator of Yunnan province has formulated local Regulations on PVP, which complement the national Chinese system of PBR protection 1, For all horticultural crops, both the national PBR protection and Yunnan provincial PBR registration could be applied for. 2, Regarding the farmer's privilege, the Yunnan local PBR regulation contains the same rules and effects as the national PVP regulation. 3, The local application procedure should be much easier and faster than an application for a Chinese national PBR. 4, The local protection would be effective from the registration date. The duration of protection in Yunnan would be 10 years for woody plants and 5 years for the other varieties respectively since the registration date. 5, For the PBR granted varieties in any UPOV member states, but not granted PBR yet in China, while registered in Yunnan, the local government would offer protection for the same period as the country in which PBR originally has been granted for. Administrative enforcement MOA has executed pilot activities regarding PVP law enforcement in more than 22 provinces and municipalities to explore the effective pattern for law enforcement in PBR, esp. for agricultural crops, such as corn, rice, wheat, cotton. Consequently, various actions against infringement upon PBR have been effectively carried out, the legal rights and commercial interests of the plant breeders from home and abroad protected and the civil investment in breeding mobilised. Court enforcement According to www.ipr.chinacourt. org, from January 2008 until January 2011 about 400 PBR lawsuit cases were instituted at different provincial or city’s courts all around China. The main crops are corn, rice and some other typical lawsuits involve fruit and ornamental crops. There were two similar PBR lawsuits conducted in Beijing and Fujian province in 2010. The tree peony variety ‘Aoshuang’ was originally found and bred by a local farmer, as individual breeder in Shandong province, but Beijing Forestry University as the partner, made an embezzlement of the PVR. For a citrus variety there was a similar situation in Fujian province where it was encroached by Fruit Tree Institute in Fujian Academy of Agricultural Sciences, but the actual breeder was a fruit farmer. Finally, after ruling of the court, the individual breeders won back their plant breeder’s rights. ||| 46 www.CIOPORA.org | CIOPORA Chronicle April 2011
Page 1 and 2: March 2011 • www.ciopora.org The
Page 3 and 4: Your partner for sustainable growth
Page 5 and 6: April 2011 CIOPORA Chronicle 33 MEI
Page 7 and 8: About CIOPORA CIOPORA is the Intern
Page 9 and 10: Close relationships It is vital for
Page 11 and 12: Fleuroselect Nils Klemm, President
Page 13 and 14: Good relationship: Bilateral meetin
Page 15 and 16: Belgium The Belgian courts have rec
Page 17 and 18: Jurisdictions Furthermore, the cour
Page 19 and 20: the Working Group on Biochemical an
Page 21 and 22: Patents In the plant breeding world
Page 24 and 25: Patents their patent applications.
Page 26 and 27: Working Group The effective enforce
Page 28 and 29: Quo vadis? Breeders ask for clear a
Page 30 and 31: ISF On the occasion of CIOPORA’s
Page 32 and 33: Mexico 2007 Strassbourg, France 199
Page 34 and 35: Meilland Let’s get the facts stra
Page 36 and 37: AIPH AIPH, the International Associ
Page 38 and 39: naging hts flowers and plants that
Page 40 and 41: RAI are still on the 78 Act includi
Page 42 and 43: Fides Netherlandsbased Fides, a lea
Page 44 and 45: Birthday greetings CIOPORA Germany
Page 48 and 49: S.B. Talee S.B. Talee, a leading br
Page 50 and 51: EUCARPIA Breeders rights are a good
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2011 CIOPORA Chronicle - the 50th Anniversary Edition

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