Protection of essentially derived varieties (EDVs) in the Plant Breeder’s Rights Act aims to balance the interests of the breeder of an initial variety with the interests of the breeder of a new variety that is predominantly derived from the initial variety. EDV protection recognises the contributions each breeder has made to developing the essential characteristics of the new variety.
The Australian approach assesses whether a new variety differs from the initial variety only in unimportant ways but still retains the commercially useful characteristics of that initial variety. If so, the breeder of the initial variety can still get some reward for their effort in developing those useful features.
Australia is participating in a UPOV international working group on changes to Explanatory Notes on Essentially Derived Varieties under the UPOV Convention (Explanatory Notes). The UPOV Convention is the International Convention for the Protection of New Varieties of Plants. It set up an international system for the protection of new plant varieties. The meeting documents of the working group are published on the UPOV website.
The proposed changes drafted by the UPOV Office at the request of the working group would change the guidance on the provisions of the UPOV Convention concerning EDVs.
IP Australia is currently considering how Australia’s plant breeding industries could be affected by proposed changes to guidance on the UPOV Convention.
Identified for action 24 June 2021