The UPOV Council in its last meeting on 25 October has approved the compliance of the PBR law of Laos PDR and the United Arab Emirates with the UPOV 1991 Act.
The CIOPORA Secretary General, Dr. Edgar Krieger, has analyzed and commented on the laws, which indeed comply with the UPOV 1991 Act but still present opportunities to improve some weaknesses and shortcomings inherent in the UPOV system.
However, a very positive development took place in the United Arab Emirates. Their law is not only in line with the UPOV 1991 Act, but also makes use of the flexibility given in the UPOV 1991 Act. As a result, the Bill of the United Arab Emirates provides – at least on paper - for better protection for breeders than most, if not all, of the PBR laws of the UPOV members, including:
the extension of the Novelty period for older varieties,
the protection of products made directly from harvested products
the farmers´ exemption shall not apply to ornamental and fruit varieties
the take-over of DUS examination reports from other countries
the applicant for a plant breeders´ right shall have the right as the title holder, including the right to license and to initiate legal proceedings, during the provisional protection period.
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