II.INTERNATIONAL SEED CULTIVATION WORKSHOP II.INTERNATIONAL SEED CULTIVATION WORKSHOP KAM İ L YILMAZ -B İ SAB Tares A.Ş. Deputy Director General Industrial

II.INTERNATIONAL SEED II.INTERNATIONAL SEED CULTIVATION WORKSHOPCULTIVATION WORKSHOP

KAMİL YILMAZ -BİSABTares A.Ş. Deputy Director General

Industrial Property Rights in Seed Cultivation 03 December 2013

INDUSTRIAL PROPERTY RIGTS IN SEED CULTIVATION

1. Introduction2. UPOV 1991 Convention and

Exceptional Cases in Plant Breeder’s Rights Law

3. Impacts on R&D studies,4. Structural Changes in Seed Sector,5. Impacts on Seed Production and

Trade,6. Impacts on Agricultural Sector

21.04.23 KAMİL YILMAZ 2

700 variety of products are

grown in Turkey

Turkey has quite

a rich plant

diversity for

agriculture .

12.054 PLANT TYPE, 3.906 ENDEMİK PLANT

TYPE EXISTS IN TURKEY.

RICH RESOURCES AND BIODIVERSITY

• CLIMATE• SOIL• GEOGRAPHICAL STRUCTURE• WATER

3321.04.23 KAMİLYILMAZ

4

Land condition and population in Turkey

Some data on Turkish Seed Sector(2012)

Certified Seed Production(tone) 646.905

Vegetable Seed Production(tone) 2215

Number of private seed company 580

Number of Private Sector Research Institution

139

Number of Seed Certification Laboratory

1 Central ,5 Regional Seed Certification Directorates and 16 authorized seed companies

Directorates of Pest Control and Quarantine

8 Pest Control Institution12 Quarantine Directorates.

Variety Registry-Technical Examination Institute

1 Central (TTSM),5 regional seed test directorates.

04/21/23 5

INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATIONINDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION

Objective of Plant Breeder’s Rights; Encourage development of new plant varieties,

promote technical developments, R&D studies. Other Objectives; Harmonization to EU Acquis Communautaire, Fulfilling responsibilities related to recognition

of intellectual property rights within the scope of WTO (TRIPS)

Establishment of national legislation in order to be party to UPOV convention.

21.04.23 KAMİLYILMAZ 6

INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATIONINDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION

Plant Breeder’s Rights are self-specific / sui generis intellectual rights recognized over only plant varieties.

Since registry proceedings ownership rights in seed systems do not grant property right, there has been a need for a kind of Protection System within Intellectual Property Rights

These rights recognize and support studies of workers/breeders for innovations in agricultural production. The most important of all ensure repayment of the investments made.

21.04.23 7

HISTORY:

The first studies in this field are in 1988,The first studies in this field are in 1988,

And preparations of the bill for protection of breeders’s rights regarding new plant varieties started in 1996

This law was prepared taking into consideration UPOV Convention in 1991 and EU’s 2100/94 EC ve 1768/95 EC regulation on Plant Variety Rights

It was placed within the scope of Intellectual Property Rights agreement (TRIPS text item 27/3 )

linked with trade issue in WTO acquis and “Turkish National Programme” related to undertaking of the EU acquis and targeted to be finalized until 2002.

INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION

21.04.23 8KAMİLYILMAZ

Legal Framework for Plant Legal Framework for Plant Breeder’s RightsBreeder’s Rights(PBR)(PBR)


1961 UPOV Convention

1978 UPOV Convention (1st revision)

1991 UPOV Convention (2nd revision)

- Enhancing PBR for farm saved seed- Inclusion of EDV concept

1961 2100/94 European Union Directive on Plant Breeder’s Rights

1991 Turkish Plant Breeder’s Rights Law ( Law No 5042 )

2.UPOV 1991 CONVENTION PLANT BREEDER’S RIGHTS AND EXCEPTIONAL CASES


Plant Breeder ExceptionEssential Variety Derivation

Farmer Excemption

EXEMPTIONS IN PLANT BREEDER’S EXEMPTIONS IN PLANT BREEDER’S RIGHTSRIGHTS


Article 15(1991 UPOV Convention) and Articles 5 , 14 and 17

(Law no 5042)

Exemptions in Breeder Rights [Compulsory Exemptions] Breeder’ Rights can not be enhanced in the items below:

Actions carried out with special or noncommercial purposes Actions carried out for experimental purposes, and Actions carried out for breeding/development of other varieties

[Optional Exemptions] Within logical limits and on the condition that breeder’s legal rights are protected a breeder’s rights on

cerating a variety may be restricted with the purpose of giving permission to the farmers for production of a propagation material and protecetd variety or a variety within the scope of article 14. (5) (a) (i) or (ii) on their own land.

ESSENTIAL DERIVATION (EDV)ESSENTIAL DERIVATION (EDV)

Essentially derived variety,(EDV); It should be the case that as regards its dominating traits the variety must have been derived from the original or again with respect to dominating traits it must have been derived from another variety which had been derived from the original,

The derived variety should explicitly be differentiated from the original variety,

Apart from the differences caused by derivation methods it should show the original characteristics formed by genotype or genotypes constituting the original variety


ESSENTIAL DERIVATION (EDV)ESSENTIAL DERIVATION (EDV)

Essential derivation may be by; Natural or artifical mutant selection, somaclonal variation selection, Selection of different individuals among the original variety, Obtaining from plants exposed to transformation through retrospective hybridization or genetics engineering


Except for the hybrid and synthetic varities,

farmers have got the right to use propagation

material of the protected variety for

production on their own land

which they have achieved from the product as a

result of the production they made on their

own land

Only small farmers who have a smaller land

than the one required to grow at most 92

tons of wheat or equivalent amount of

product, may enjoy this exemption.

FARMER EXCEMPTION


Plant Varieties Implemented (21 plant varieties)

Cereals (Wheat, Barley, Paddy, Oat, Rye,

Triticale)

Edible Legumes (Dried beans, Chick-Pea,

Lentil, Green Pea, Broad Bean)

Forage Plants (Alfalfa, Sainfoin, Vetch,

Clover)

Industrial Plants (Cotton, Tobacco, Patato,

Peanut, Soybean)

FARMER EXEMPTIONFARMER EXEMPTION


3. IMPACTS ON R&D STUDIES (PLANT BREEDING),

Genetics material and breeding studies, Variety Development Studies, Impacts on Variety Registry Systems, Variety Transfer Systems, Variety Agreements.


INDUSTRIAL PROPERTY RIGHTS IN SEED CULTIVATION


PUBLIC PRIVATE UNIVERSITY TOTAL

1963-1970 99 30 7 136

1971-1980 54 34 11 99

1981-1990 87 30 9 126

1991-2000 216 215 12 443

2001-2004 101 124 11 236

2005-2012 231 944 39 1214

TOTLAM 788 1377 89 2254

SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS

(FIELD CROPS )-01.1.2013


0

200

400

600

800

1000

1200

1400

1963-1970 1971-1980 1981-1990 1991-2000 2001-2004 2005-2012

ÜniversiteÖzelKamu

SECTORAL DISTRIBUTION OF REGISTERED VARIETIES BY YEARS (FIELD CROPS)


WHEAT for BREAD

PUBLIC

PRIVATE

UNIVERSITY TOTAL

1963-1970 35 0 0 35

1971-1980 9 0 3 12

1981-1990 10 0 1 11

1991-2000 44 2 2 48

2001-2004 28 9 1 38

2005-2012 21 34 1 56

TOTAL 147 45 8 200



0

10

20

30

40

50

60

1963-1970 1971-1980 1981-1990 1991-2000 2001-2004 2005-2012

WHEAT for BREAD

Toplam



MAIZE

PUBLIC PRIVATE UNIVERSITY TOTAL

1963-1970 5 0 0 5

1971-1980 8 7 0 15

1981-1990 4 9 0 13

1991-2000 9 55 0 64

2001-2004 1 37 0 38

2005-2012 14 108 0 122

TOTAL 41 216 0 257



0

50

100

150

200

250

300MAIZE

Toplam


IMPACTS OF PLANT BREEDER RIGHTS ON IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTORSEED SECTOR

4. STRUCTURAL CHANGES IN SEED SECTOR,

Organizations related to plant breeding,

Licensing institutions, Law Offices, Specialized Courts,


IMPACTS OF PLANT BREEDER RIGHTS ON SEED IMPACTS OF PLANT BREEDER RIGHTS ON SEED SECTOR SECTOR

5. ITS IMPACTS ON SEED PRODUCTION AND TRADE ,

Position of seed companies Certified Seed Production Seed Trade (situation of import and export )


25

Number of Special Seed Companies by Years Number of Special Seed Companies by Years

(139 HAVE R&DUnit)

YEARPRODUCTION

(tone)

IMPORT EXPORT

Miktar (ton) Değer (bin $)Miktar (ton)

Değer (bin $)

2002 145.227 19.227 55.292 8.112 17.320

2003 184.247 16.161 71.249 16.095 21.451

2004 349.332 19.838 79.238 15.658 35.147

2005 332.190 23.801 89.597 13.814 26.981

2006 370.748 32.654 105.608 23.941 47.093

2007 325.013 34.374 130.581 21.335 49.886

2008 290.148 43.578 170.798 26.245 71.101

2009 385.061 30.267 158.363 21.816 70.766

2010 497.964 40.610 176.792 29.586 94.789

2011 637.330 36.754 178.121 30.554 108.948

2012 646.905 33.160 197.649 37.439 120.796

26

27

TOHUMLUK ÜRETİMİ (ton)

Certified Seed Production in Turkey (tone)

28

19.838

34.374

43.578

30.267

40.610

33.160

13.814

21.335 21.816

37.439

0

10.000

20.000

30.000

40.000

50.000

2004 2005 2006 2007 2008 2009 2010 2011 2012

İthalat

İhracat

TOHUMLUK TİCARETİ (ton)

Seed Trade (tone)

29

TOHUMLUK TİCARETİ (000 $)

Seed Trade (1000 USD Dollars)

Amount of Protected Seed in Some Plant Amount of Protected Seed in Some Plant Varieties and Certified Seed Amount Varieties and Certified Seed Amount of Other of Other Varieties (tone)-2010 Varieties (tone)-2010

Variety 2010(Protected. Variety)

2010 (Other Variety

TOTAL %(Rate of Protected Varities)

1.Barley 3.326 31.089 34.415 9.66

2.Wheat 66.932 248.744 315.676 21.20

3.Triticale 448 385 833 53.78

4.Patato 1.535 69.118 70.653 2.17

5.Cotton 1.265 8.642 9907 12.76

TOTAL 73.706 357.778 431.484 17.08


IMPACTS OF BREEDER RIGHTS ON SEED SECTORISIMPACTS OF BREEDER RIGHTS ON SEED SECTORIS

6. IMPACTS ON AGRICULTURAL SECTOR

Increase in Yield and Quality,

Increase in Competitiveness (production, export, consumer

demands),



Resource:UPOV

EVALUATION -1EVALUATION -1Since 2004 until today shares of seed

production of varieties protected within the Plant breeder’s rights have increased significantly.

Domestic and foreign varieties can be taken under protection within UPOV system.

Industrial Property Rights have speeded entrepreneurship and Plant Breeding and variety development studies and made them gain a momentum

Public and Private Sector have started transferring more resource to R&D studies.


EVALUATION-2EVALUATION-2

It has contributed to bringing in International Seed Trade and new varieties to our country.

“collecting breeder’s right system” among protected variety started to operate. And problems in implementation of “Farm Saved Seed” persist.

In implementation of plant breeder’s rights , plant breeders professional institutions should be more active.


THANK YOU FOR YOUR THANK YOU FOR YOUR ATTENTIONATTENTION

[email protected]

Documents

II.INTERNATIONAL SEED CULTIVATION WORKSHOP II.INTERNATIONAL SEED CULTIVATION WORKSHOP KAM İ L YILMAZ -B İ SAB Tares A.Ş. Deputy Director General Industrial