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1、?,Patent Protection for Plant Varieties,Perspective of a Taiwanese Agronomist,Warren H.J. KUO,Professor & Chair, Department of Agronomy, National Taiwan University,2006 International Conference on Biology-related Patents 2006/09/2829, Taipei, TAIWAN,Changes in Crop Production,Cropping acreage, tHa,2
2、004 237 59 43 219 165 13 tHa,International trade of seeds,NT Dollars,International trades of ornamentals,US Dollars,http:/www.phalaenopsis.idv.tw/hybrids/C/Chih%20Shangs%20Stripes%20X%20Plantation%20Polkadot/0003.JPG,History of IP protection on plant varieties,Plant Seed Act 2004 Plant Variety and S
3、eed Act,Vegetables Fruits Ornamentals,Cereals,To be extended to all plant all plant genera and species,Application numbers of PBR,Application numbers,15th ,Sept,Ornamentals,Orchid,550,Rice, 25th July,Vegetables,Valid PBR,177,10 127 40,Application numbers of PBR,550,Application numbers,Public Sector
4、89 16%,Private Sector 461 84%,National 395 72%,Foreigner 155 28%,Ornamentals,Vegetables,Fruits/Tea,277,254,19,PBR Application numbers,Mean 12,Median 3,178,76,74%,Application numbers,Private Sector,12,121,7,34,55,15,10,254,Application numbers of Vegetables,Cucumber family,Tomato Eggplant Sweet Pepper
5、,Cabbage family,Public 44 Private 210,Others,Others,62,PVP in Taiwan: who is claiming their rights?,Vegetables,Application numbers,Tomato,Melon,Water melon,Cabbage Family,Pepper Hot/sw,Cucumber,Pumpkin,All fruit/tea tree cultivars are of nationals application,Application numbers of Ornamentals,Poins
6、ettia,Moth orchid/Doritaenopsis,Other ornamental plants,56,5,95,95,24,275,Public 29 Private 246,Others,106,PVP in Taiwan: who is claiming their rights?,Ornamentals,Application numbers,An infringe case,http:/www.sakataseed.co.jp/method/flower/gypsophila.jpg,http:/ Yukinko,Of Israeli origin Farmers we
7、re licensed to grow Right holder sued defendants for propagated without permission Farmers privilege not accepted Settlement reached,Plant Breeders in Taiwan,Rice Maize Maize (fresh) Forage crops Cover crops Sweet potato Tea trees Timber trees Fruit trees Vegetables Ornamentals,Public sector,Private
8、 sector,Maize (fresh) Vegetables Ornamentals,Genetically Modified Plants,19802006,Commercial Production: none Risk assessment:,Prospects of GM plants,Domestic seed markets too small to justify investment of GM technology No supports from private sector Infrastructure of public sector not suit Produc
9、tion cost of rice not to be effectively lowered by GM technology Small farms predominate (1.22 ha), and contamination is inevitable,Are Taiwanese plant breeders in need of patent protection ?,The Plant Variety and Plant Seed Act (2004) UPOV 1991 Convention,C1. Hybrid maize seed designated 33P66, rep
10、resentative seed of said hybrid 33P66 having been deposited under ATCC accession number PTA-1522. C2. A maize plant, or its parts, produced by the seed of claim 1.,C8. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more transgenes.,Maize hybrids
11、 US patent 6,180,857,C9. A hybrid maize plant according to claim 2, wherein the genetic material of said plant contains one or more genes transferred by backcrossing.,Similarities between PVP and Patent protection,C1. Hybrid maize seed designated 33P66, representative seed of said hybrid 33P66 havin
12、g been deposited under ATCC accession number PTA-1522. C2. A maize plant, or its parts, produced by the seed of claim 1.,C7. A maize plant. capable of expressing all the morphological and physiological characteristics of hybrid maize plant 33P66, representative seed having been deposited under ATCC
13、accession number.,C11. A maize plant, or its parts, having all the morphological and physiological characteristics of the plant of claim 2.,C11. A maize plant, or its parts, having all the morphological and physiological characteristics of the plant of claim 2.,(Essentially) Derived Variety,Differen
14、ces between PVP and Patent protection,Farmers privilege,each Contracting Party may restrict the breeders right to permit farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the protected variety .,Upo
15、v 1991 Article 15：Exceptions to the Breeders Right,Optional exception,DIRECTIVE 98/44/EC,Article 11 By way of derogation from Articles 8 and 9, the sale or other form of commercialisation of plant propagating material to a farmer by the holder of the patent or with his consent for agricultural use i
16、mplies authorisation for the farmer to use the product of his harvest for propagation or multiplication by him on his own farm, the extent and conditions of this derogation corresponding to those under Article 14 of Regulation (EC) No 2100/94.,Differences between PVP and Patent protection,Farmers pr
17、ivilege,Differences between PVP and Patent protection,Farmers privilege,The Seed Availability and Competition Act 2004, US HR4693,Differences between PVP and Patent protection,Breeders exemption,The breeders right shall not extend to (iii) acts done for the purpose of breeding other varieties, and,
18、except where the provisions of Article 14(5) apply, acts referred to in Article 14(1) to Article 14(4) in respect of such other varieties.,Upov 1991 Article 15：Exceptions to the Breeders Right,Compulsory exception,Differences between PVP and Patent protection,Breeders exemption,Freedom to Operate fo
19、r Public breeders,AVRDC: The World Vegetable Center, Taiwan CIMMYT: International Maize and Wheat Improvement Center, Mexico CIP: International Potato Center, Peru IRRI: International Rice Research Institute, Philippines .,Differences between PVP and Patent protection,Breeders exemption,PIPRA member
20、s,Cornell University Iowa State University Kansas State University Michigan State University N. Carolina State University Ohio State University Oregon State University Purdue University Rutgers University University of Arizona University of Arkansas ,University of California, Berkeley University of
21、California, Davis University of California, Riverside University of Florida University of Georgia University of Kentucky University of Idaho University of Missouri-Columbia University of Tennessee University of Wisconsin WARF Washington State University,PIPRA members,Differences between PVP and Pate
22、nt protection,Breeders exemption,anything under the sun that is made by man could be patented,Due parts of,Differences between PVP and Patent protection,Breeders exemption,Differences between PVP and Patent protection,Breeders exemption,EDV,Free to use,PVP,PVP,PVP,PVP,PVP,PVP,Differences between PVP
23、 and Patent protection,Breeders exemption,Patent,Patented,Differences between PVP and Patent protection,GM cv. Am,Company X,Company Y,cv. B,Back cross,Gene m,cv. Bm,Bm,A drawback in PVP,Patent,Plant Am,The protection of plant variety rights shall extend to the following dependent varieties: (i) vari
24、eties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety, (iv) varieties which novel-trait(s) are derived from the protected variety, where the protected variety is the initial variety bred to possess the novel-trait(s).
25、 The novel-trait shall be deemed to be transgenic trait, mutated trait of non-natural origin, or trait transgressed from wild species.,Novel-trait Derived Variety,Essentially Derived Variety,cv. A,cv. Am,cv. Bm,cv. A mn,cv. Fm,cv. Bmn,cv. Km,cv. Sn,A protected,B not protected,cv. B,In Conclusion, in
26、 TAIWAN:,Reasons not to protect by Patent,PVP is sufficient for traditional breeders Intrinsic drawback of over protection for plants Prospects of producing GM plants are small Effective PVP for GM plants is possible,PVP is,effective in promoting breeding activities effective in facilitating technology transfer a valid tool to deal with infringing case,THE END,237,