A Report of Sabrina Gale.-
General Matters
1. Report on number of applications in the last years
The CPVO reported on the number of CPVR applications in 2023/2024, demonstrating a decrease in the last years.
During the meeting, CIOPORA expressed gratitude to the CPVO for engaging with breeders and conducting surveys to understand the decline in CPVR applications. CIOPORA confirmed the breeders’ struggles with rising DUS examination fees, but also with a series of negative court decisions in the area of PBR. CIOPORA highlighted Brexit as an example, where the UK market's separation from the CPVO system forces breeders to spend more resources for protecting in both markets, impacting, particularly the ornamental sector.
Consequently, CIOPORA reported on its attempt to engage with the UK government to advocate for improved exchange of DUS reports and used the opportunity to propose a collaborative effort with other breeders’ associations in working towards this objective.
2. Information included in DUS Examination Reports and Variety Description
Improved Information in Interim Reports
CIOPORA requested more detailed information in interim reports for breeders to better understand the examination status of their plant material.
Consequently, the CPVO encouraged examination offices to provide more meaningful information to breeders.
Transparency Regarding Unavailable Reference Material during DUS testing
The CPVO alleges the need for transparency when in rare cases a reference variety is unavailable during DUS testing and thus discussed how to report this information (whether in the examination report or variety description).
Despite breeders’ associations objection, highlighting that this could lead to legal uncertainty, need to repeat DUS tests and increased nullifications of granted titles, the CPVO emphasised that EEOs must operate under transparency principles.
The final decision is that the information on unavailable reference material will only be disclosed in the examination report and not in the variety description.
Reporting of non-asterisks disease resistance characteristics tested by the EO/merely declared by applicants
The CPVO stated that as a rule when a Technical Examination is carried out on behalf of the CPVO, declarations from the applicants but not observed by the EOs during DUS examinations are not to be included in variety descriptions.
The breeders’ associations objected declaring that this exclusion can negatively impact breeders who require a robust variety description for enforcement purposes. Nonetheless, the CPVO reiterated its position.
However, the CPVO will have internal discussions about the requirements in case of take-over of reports, particularly whether the declaration of the breeder can be accepted as additional information with a disclaimer.
FRUITS
1. Pears - Revision of TQ-015/1 (pear) – interstock issue
While some EOs reportedly grow plants on interstock, others do not commonly do this.
CIOPORA requested the CPVO to keep the possibility of having material grown on the interstock. The conclusion was that point 07.02.01 will be deleted from the Technical Questionnaire of the TP for Pears and applicants should have the option to submit material grown on the interstock, if needed.
2. Apples:
2.1 Number of observations for Apple Rootstock Varieties
Based on feedback from breeders and examination offices, the CPVO agreed to revise the apple rootstock protocol.
The revision should remove flower and fruit characteristics from the mandatory assessment, potentially reducing the testing duration and associated costs for breeders (please note that these characteristics could still be easily used as additional characteristics, if desired, in compliance with UPOV requirements).
The CPVO advised that a new technical protocol can be applied retroactively only during the establishment period of a variety and will not affect ongoing examinations. Since there are no pending applications in this phase, there is no urgency to adopt the new protocol. Thus, the CPVO should proceed with the regular adoption process, discussing it first at the next crop expert meeting in 2025, as it may include other changes.
2.2 Challenges in plant health and Diseased Reference Varieties
EEOs presented challenges in DUS testing for apple mutation groups, particularly on plant health issues and the impact of viruses on phenotype assessment.
The group emphasized the importance of using clean material in DUS examinations to prevent potential legal challenges, and participants agreed to continue efforts to obtain healthy reference materials.
3. Grapevine:
The topic of recording interspecific hybrids in grapevine under species and/or genus names was discussed, with the CPVO stating that all crosses involving more than two species should be reported under the genus name, in accordance with international plant taxonomy rules.
It was clarified that this practice aligns with existing guidelines on the registration of interspecific hybrids and that it should not impact applicants, as all examination offices are entrusted for all interspecific hybrids (the hybrids are registered under the genus Vitis L.).
4. CPVO technical protocols/TQs
TPs following UPOV adoption
TP Fragaria
TP Rubus idaeus
TP Malus domestica
TP Prunus avium
The Technical Protocols will be presented to the AC by written procedure for approval.
5. R&D Projects
Use of Molecular Markers and automated Phenotyping
Experts presented on the use of molecular markers and automated phenotyping tools using image analysis and artificial intelligence. These technologies could potentially improve the efficiency and objectivity of DUS testing.
CIOPORA highlighted the importance of observing sufficient minimum distance particularly when assessing distinctness during DUS examinations and addressed concerns of new technologies not observing this requirement.
Conclusion
During the CPVO meetings, CIOPORA brought forward important concerns of our members such as the rising fees of DUS examination and the potential use of new technologies. We hope that our input contributed to clarifications and discussions that will likely shape future CPVO procedures.
If CIOPORA members would like more information on any particular point, please do not hesitate to contact the CIOPORA office by sending an email to sabrina.gale@ciopora.org.
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