If you are interested or concerned by invasive plants (either as a person concerned for the environment or a person concerned for the free movement of plant material), then it would be a good idea to check out the European and Mediterranean Plant Protection Organization list of invasive alien plants. The work of EPPO and the significance of the list are both explained in detail at their website.

Plant health restrictions related to importing and exporting plants are an important consideration for breeders of new plants. The free movement of their varieties between nations is a vital component of being able to gain maximum return from the investment necessary to create, develop and test a new plant.

Therefore, it is important that breeders keep abreast of developments in the field of plant health legislation, regulation and practice, and use every opportunity to influence these matters.

DEFRA, the UK’s Department for the Environment, Farming and Rural Affairs, has instigated a study into responsibility and cost sharing for plant health matters. In particular, the study seeks to investigate "the risks associated with trade in plants, the costs associated with assessing and managing these risks and mechanisms through which these could be shared. The findings from this study will be used to help facilitate the development of a joint industry/government strategy on plant health responsibility and cost sharing."

In particular, the study will "identify and evaluate options for:

• the sharing of the burdens and costs of assessing the quarantine plant health risks associated with trade in plants and plant products;
• the sharing of the burdens and costs of preventing and minimising outbreaks of quarantine plant pests and pathogens and their impact on individual businesses and the environment."

Under the current system, plants entering the UK from outside the EU must meet a strict set of plant health criteria. However, plants may be moved freely within the EU under the Plant Passport scheme. This system relies upon all plant health authorities within the EU enforcing the regulations to the same high standard. An increasing body of evidence suggests that this is not the case, with the finger being pointed at more than one country. Consequently, some importers and exporters are routing plant material via nations known to have a poorer record on plant health inspection.

Until all plant movements into the EU are inspected to the same high standard, it would be unworkable, unjust and ineffective for the UK authorities to act alone to impose burdens of cost and additional administration on British growers and importers. In particular, the proposed risk assessment strategy will place additional burdens on breeders of new plants that wish to exploit their new variety in the UK market, as well as on growers based in the UK who use overseas propagation facilities (an increasingly common circumstance due to the high costs of fuel and heating).

PFE recommends that growers and breeders alike should contribute to the study. Details can be found by clicking here.

Carlos Pereira Godinho has been appointed as the new Vice-President of the CPVO - see the press release here.

The GB Non-Native Species Secretariat (who knew?) is conducting a public consultation on its new invasive non-native species framework strategy. There are two long documents to read on their website which can be found by clicking here, as well as details of how to respond.

Potentially, any new legislation resulting from this consultation could have an impact on importers of plant material to the UK, including breeders and licensees of new plant varieties. We recommend that you take the time to read and respond to the documents.

The European Union is currently considering legislation that would set EU-wide minimum penalties for pirating and counterfeiting, including prison sentences and substantial fines (see here for BBC News coverage).

Heavier penalties for infringement of intellectual property rights, including PVR, can only help rights owners, but must be coupled with effective policing and enforcement. By employing an agent, plant breeders can improve the effectiveness of the policing of their rights, as agents act as a conduit for information and can be the breeder’s "eyes and ears" on the world. Furthermore, an agent acting for a number of breeders and representing many plants can carry more clout and respect with growers than an individual breeder acting alone.

Related news article: Peter Catt targets rights abuse (Horticulture Week)

The CPVO has launched an online database of case law related to EU Plant Variety Rights. It can be found by clicking here. The database is in English only and features a search function.

The CPVO appears keen to stress that this is a work-in-progress that is still in its infancy. However, I am sure that this will grow into something that will be very useful for anyone who owns or needs to defend a EU PVR.