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Objectives of Session 6

Session 6 : An Introduction to the TRIPS Agreement UPOV, 1978 and 1991 and WIPO- Administered Treaties. Objectives of Session 6. To discuss the meaning of sui generis protection of plant varieties (UPOV is one such system)

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Objectives of Session 6

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  1. Session 6 : An Introduction to the TRIPS Agreement UPOV, 1978 and 1991 and WIPO- Administered Treaties

  2. Objectives of Session 6 • To discuss the meaning of sui generis protection of plant varieties (UPOV is one such system) • To outline UPOV’s main provisions and understand the main differences between plant varietial protection and patent protection • To explain how a sui generis system for plant varietial protection may relate to other policy and legal issues of relevance to PGRFA (such as, protection of traditional knowledge and the innovations and practices of indigenous and local communities, and elaboration of farmers’ rights)

  3. Objectives of Session 6, continued • To outline the TRIPS Agreement’s main provisions relevant to GR profesionals • Discuss and understand WIPO treaties relevant to GR professionals

  4. The WTO TRIPS Agreement • Obliges Member States to comply with minimum standards of protection, such as the following: • Patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application [Article 27.1] • Protection of plant varieties [Article 27.3(b)] • Establishes minimum standards—not a uniform system of protection

  5. The TRIPS Agreement: Article 27.3(b) • Members may exclude plants and animals from patentability • Members may exclude plants and animals • Members must protect microorganisms • Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof

  6. Protection of undisclosed information (e.g., hybrids) Trademarks (associated with seeds’ generic denomination) Geographical indications TRIPS: other provisions

  7. Protection by patents • Territorial, exclusive rights • Subject matter: Inventions • Conditions of patentability: • Novelty • Inventive or non-obvious step • Industrial applicability or Utility • Limited exceptions, compulsory licenses

  8. Protection by an effectivesui generis system • UPOV Convention Acts of 1961/1972, 1978/199 • Other sui generis regimes

  9. Territorial, exclusive rights Subject matter: Developed / discovered plant varieties Conditions of protection: Commercial novelty Distinctness Stability Uniformity Exercise of rights: reproductive materials, harvested material and products (1991) Protection under UPOV

  10. Breeders’ exemption The breeder’s rights shall not extend to acts done for the purpose of breeding other varieties Farmers’ privilege Each contracting party may, within reasonable limits and subject to the safeguarding of the legitimate interests of the breeder, restrict the breeder’s right in relation to any variety in order to permit farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the protected variety or an essentially derived variety Protection under UPOV (1991)

  11. Patents & PVP combined PVP & recognition of farmers’ rights Dual PVP system: Uniform varieties / landraces Effective protection-National treatment Other sui generis options

  12. Patents vs. PVPs

  13. Review of article 27.3 (b) in WTO Paragraph 19 of Doha Ministerial Declaration: TRIPS & CBD, protection of TK Obligation to disclose the origin of biological materials in patent applications Genetic resources and TK in WIPO Developments to note

  14. To remember … • TRIPS is flexible • UPOV is one of the sui generis systems that may be adopted • Patents may affect the use of unpatented varieties • Legislation to be adopted should respond to farming systems and goals of each country

  15. The Paris Convention The Berne Convention for the Protection of Literary and Artistic Works The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedures Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration Madrid Agreement Concerning the International Registration of Marks The Patent Cooperation Treaty (PCT) WIPO-Administered Treaties

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