1 Hyderabad, India, June 29, 2019

Developments in UPOV

Leontino Taveira Head of Technical Affairs and Regional Development

(Latin America and the Caribbean) UPOV

32st ISTA CONGRESS

Preview • Membership and statistics • Harmonization, Resources and Assistance • Use of BMTs in DUS examination

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UPOV MISSION STATEMENT

“To provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society”

International Union for the Protection of New Varieties of Plants States (24) and Organization (1) in contact with the UPOV Office

UPOV STATUS on June 18, 2019

Initiating States (19) and Organization (1)

Members of UPOV (75) (covering 94 States)

The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory

Developments in relation to UPOV: 2016-2019 (June 18)

The boundaries shown on this map do not imply the expression of any opinion whatsoever on the part of UPOV concerning the legal status of any country or territory.

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PBR Titles in Force: All UPOV

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Number of UPOV members

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Plant variety protection statistics

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Applications filed and Titles granted (total = Resident and Non-Resident)

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Plant variety protection statistics

12,685

18,306

Preview • Membership and statistics • Harmonization, Resources and Assistance • Use of BMTs in DUS examination

Harmonization, Resources and Assistance

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Harmonization Resources

Training & assistance

PVP Law • UPOV Convention • Explanatory Notes • Information materials

• UPOV Lex

• Distance Learning

course

• Trainers

• UPOV events & activities

• Assistance by individual UPOV members

Application • Model Application Form

• EAF project

Variety Denominations

• INF/12: “Explanatory Notes on Variety Denominations”

• UPOV Code

• PLUTO database

DUS Testing • General Introduction • TGP Documents • Test Guidelines • Model Agreement

(cooperation)

• GENIE Database

• Exchangeable software

IMPL

EMEN

TATI

ON

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GENIE Database (Genus / species)

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Harmonization, Resources and Assistance

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Harmonization Resources

Training & assistance

PVP Law • UPOV Convention • Explanatory Notes • Information materials

• UPOV Lex

• Distance Learning

course

• Trainers

• UPOV events & activities

• Assistance by individual UPOV members

Application • Model Application Form

• UPOV PRISMA

Variety Denominations

• INF/12: “Explanatory Notes on Variety Denominations”

• UPOV Code

• PLUTO database

DUS Testing • General Introduction • TGP Documents • Test Guidelines • Model Agreement

(cooperation)

• GENIE Database

• Exchangeable software

IMPL

EMEN

TATI

ON

Online PBR Application Tool To facilitate the work of the breeders by transferring easily application data to participating authorities all over the world

To encourage further breeding

To increase the release of new varieties of plants to farms

Harmonization, Resources and Assistance

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Harmonization Resources

Training & assistance

PVP Law • UPOV Convention • Explanatory Notes • Information materials

• UPOV Lex

• Distance Learning

course

• Trainers

• UPOV events & activities

• Assistance by individual UPOV members

Application • Model Application Form

• UPOV PRISMA

Variety Denominations

• INF/12: “Explanatory Notes on Variety Denominations”

• UPOV Code

• PLUTO database

DUS Testing • General Introduction • TGP Documents • Test Guidelines • Model Agreement

(cooperation)

• GENIE Database

• Exchangeable software

IMPL

EMEN

TATI

ON

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www.upov.int

Preview • Membership and statistics • Harmonization, Resources and Assistance • Use of BMTs in DUS examination

• For a variety to be protected, it needs to be clearly distinguishable from all existing varieties on the basis of characteristics that are physically expressed, e.g. plant height, time of flowering, fruit color, disease resistance etc.

• The DNA-profile is not the basis for obtaining the protection of a variety, although this information may be used as supporting information.

• A more detailed explanation is provided in the FAQ Does UPOV allow molecular techniques (DNA profiles) in the examination of Distinctness, Uniformity and Stability (“DUS”)?

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Is it possible to obtain protection of a variety on the basis of its DNA-profile?

Question: Does UPOV allow molecular techniques (DNA profiles) in the DUS examination?

• It is important to note that, in some cases, varieties may have a different DNA profile but be phenotypically identical, whilst, in other cases, varieties which have a large phenotypic difference may have the same DNA profile for a particular set of molecular markers (e.g. some mutations).

• In relation to the use of molecular markers that are not related to phenotypic differences, the concern is that it might be possible to use a limitless number of markers to find differences between varieties at the genetic level that are not reflected in phenotypic characteristics.

On the above basis, UPOV has agreed the following uses in relation to DUS examination:

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(a)Molecular markers can be used as a method of examining DUS characteristics that satisfy the criteria for characteristics set out in the General Introduction if there is a reliable link between the marker and the characteristic.

(b)A combination of phenotypic differences and molecular distances can be used to improve the selection of varieties to be compared in the growing trial if the molecular distances are sufficiently related to phenotypic differences and the method does not create an increased risk of not selecting a variety in the variety collection which should be compared to candidate varieties in the DUS growing trial.

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Question: Does UPOV allow molecular techniques (DNA profiles) in the DUS examination? (Cont’d)

for consideration 1. to develop a joint document explaining the principal features of the systems

of OECD, UPOV and ISTA (e.g. DUS, variety identification, variety purity, etc. ) 2. To develop an inventory by UPOV, OECD and ISTA of the use of molecular

marker techniques, by crop, with a view to developing a document containing that information

3. to develop lists of possible joint initiatives in relation to molecular techniques (e.g. the development of a list of terminology (definitions) used by OECD, UPOV and ISTA)

Supporting the development of the seed sector in countries around the world Promoting a framework that encourages the development of new varieties and

the production of and delivery of high quality seed of suitable varieties to farmers