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Piacenza, October 15, 2011 "Innovating Food, Innovating the Law" Conference LAURENT MANDERIEUX (Università Luigi Bocconi, Italy) Plant variety or patentability of plants? Video: http://vimeo.com/31478655
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The Legal Protection of New Varieties of Plants
in the post-TRIPS Environment
Laurent ManderieuxL. Bocconi University
Innovating food and new varieties of plants:
different concepts
but many key connections
Laurent Manderieux
Why creating IPRs in new plant varieties?
- to encourage business plant breeders to invest the resources, labor and time needed to improve existing plant varieties
- to benefit the collectivity granting the rights
Laurent Manderieux
Points of tension in using IPRs
- Are IPRs preserving well genetic diversity?- Are IPRs preserving well Farmers’ rights?- Are IPRs preserving well traditional knowledge?- Are IPRs well regulating access to plant genetic resources?- Attempts to claim IPRs in unimproved plant genetic resources may support bio-piracy
Laurent Manderieux
The Legal framework
3 international IPR agreements protect plant varieties and plant breeders’ rights.
- Two major treaty systems are under the auspices of the Union internationale pour la protection des obtentions végétales ("UPOV")
- The TRIPs Agreement, forming part of the World Trade Organization ("WTO")
Laurent Manderieux
UPOV Acts adopt sui generis systems of protection (tailored to the needs of plant breeders), with two modalities (1978 vs. 1991)
The TRIPs Agreement requires WTO Members to protect new plant varieties using patent rights, a sui generis system or some combination thereof >>> TRIPs leaves states with flexibility>>>National governments have options in choosing the intellectual property regime applicable to plant varieties
Laurent Manderieux
The 3 existing texts =
3 main approaches for protecting new varieties of plants
Cf. Handout n°1
Laurent Manderieux
Laurent Manderieux
Country backgrounds: 4 current categories
- In UPOV 1978- In UPOV 1991- In TRIPS- Outside the WTO System
Country reactions ( as per the UPOV Secretariat)
- In Europe
- In the Americas (USA vs. Latin America)
- In Africa
Laurent Manderieux
Laurent Manderieux
Future options in using IPRs for new plant varieties
(cf. Handout 2)
- Options preserving well genetic diversity
- Options preserving well Farmers’ rights
- Options preserving well traditional knowledge
- Options regulating better access to plant genetic resources
- Anti-biopiracy clauses
Laurent Manderieux
The effectiveness of flexibilities in using IPRs for new plant varieties
- IPRs in bilateral and other FTAs: towards TRIPS + standards
- CBD FAO Treaties and the bargaining power in the Development Agenda