Policy ID: 
142
Status: 
On hold
Priority: 
Low
Issue summary: 

The interpretation of trees and vines is problematic due to the technical difficulty in providing a clear definition (this is also seen as a problem in many other authorities). It is not possible in all cases to reasonably classify an entire taxon as only trees or only not trees. Similarly, “vines” can be interpreted very narrowly (only varieties of Vitis vinifera) or very broadly (any taxon that could be botanical described as a vine).

Trees and vines are mentioned in Article 6 of UPOV 91 in relation to prior sale. Trees and vines are also mentioned in Article 19 in relation to duration of the breeder’s right. The intent of including the notion of trees or vines for novelty and duration is to presumably allow for the extra time needed to develop and market the variety sufficient to obtain a return on investment.

History: 

On hold 24 June 2021

Tag: 
Plant Breeder's Rights
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