industry news


The Community Plant Variety Office (CPVO) is set to announce that, from January 2010, the Gazette and most other publications will be available in electronic format only and will be free of charge. This will be a boon to those of us who have found purchasing a subscription to the paper format of the Gazette to be difficult, as obtaining EU publications is limited to only two resellers in the UK who are not always as helpful as they might be (I’ve been awaiting an email response from TSO for, oh, about six months now).

The Gazette is the official record of all applications and grants of Community PVR. Only the Gazette acts as the official record – the online database at the CPVO website carries disclaimers to state that it would not be admissable as evidence and should not be regarded, therefore, as entirely accurate.

The only publication that will continue to be available in paper format will be the annual report. This, and most other publications, have been available in electronic format for some time. Check the EU Bookshop and enter "Community Plant Variety Office" as search term.

From January, the Gazette will be available from www.cpvo.europa.eu as PDF format documents.

The BBC is reporting that scientists have agreed on a system for DNA barcodes for plants. They see applications in monitoring the trade in CITES-protected plants and also in forensics.

I wonder if it might have applications in protecting against the illegal trade in PVR- or patent-protected plants, particularly if it was married with some sort of simple hand-held equipment which allowed people with limited training (perhaps customs officials) to sample consignments of plant material. But I also wonder how much information can be contained in the limited fragments of DNA that they are using (it might be good enough to identify plants at species level, but perhaps not good enough to identify individual varieties – Alstroemeria, for example, are notoriously similar in terms of DNA when varieties are compared) and also how long it will take to compile a comprehensive DNA database (the current Plant Finder lists over 75,000 varieties of plant available to purchase in the UK).

Both CIOPORA and the CPVO have been looking into the issue of DNA fingerprinting for protected plants – I believe that the CPVO is conducting a pilot project with the genus Rosa. Perhaps we will see more developments on this in the future.

It barely seems a year since the last Week 24 Flower Trials, but that time has come around again already.

Graham will be in the Netherlands for the trials from Wednesday 10 June to Friday 12 June inclusive. Want a meeting? Then contact us in the normal way!

See www.flowertrials.nl

It’s interesting to see that the CPVO is happy to work with nations outside of UPOV. Taiwan is currently not a member, but judging by this Taiwan News article, the CPVO has a dialogue with them. Reading between the lines of this article, it seems that the Taiwanese authorities and the CPVO have agreed to mutually recognise each other’s DUS examination reports for orchids. I’m hoping that this will be extended to other species, as Taiwan is potentially a useful market for other genera such as Azalea, Chrysanthemum, Asteraceae in general and Hibiscus, all of which are being worked on by PFE’s breeder clients.

Last week, I attended the 2008 CIOPORA conference and AGM held just outside Geneva, Switzerland. CIOPORA is the international community of breeders of asexually reproduced ornamental and fruit varieties and has over 130 members from all over the world, consisting of breeders of new plant varieties, their agents and lawyers, as well as representatives from grower associations.

From a personal point of view, it was an affirming experience to be in a conference facility with more than sixty like-minded people, albeit I was the only member to attend from the UK (I’m grateful that English is the official language of CIOPORA!). It reinforced my long-held opinion that plant breeders are genuinely friendly people who are passionate about what they do. Even the lawyers aren’t too bad!

CIOPORA concentrates its efforts on the legal aspects of plant breeding, in particular Plant Variety Rights, Plant Patents and trademarks. There was a vigorous debate on the subject of Essentially Derived Varieties (which always sounds like a dense and unexciting subject but is certainly capable of arousing the passions in CIOPORA members!) and an extended discussion on anti-infringement actions taken by members jointly under the CIOPORA umbrella. In addition, there were interesting presentations on points of law, new genetic techniques and practices in the Plant Variety Rights industry.

Membership of CIOPORA should be an essential activity for anyone serious about breeding new plant varieties and commercially exploiting their work. Details of membership can be found at the CIOPORA website. Clients of PFE should also look out for a new opportunity coming soon to show your support for this organisation which works to protect the legitimate interests of breeders and licensees alike.

The European Union regulation covering who is entitled to apply for European Plant Variety Rights has been amended. Previously, applicants had to be either a citizen of the EU or of a nation that is a member of UPOV. This has now been changed so that anyone can apply for EU PVR, regardless of nationality or residence.

Of course, anyone who is not a resident of the EU is still required to appoint a procedural representative to file applications on their behalf. Plants for Europe can assist in this regard, whether or not we are asked to act as agent for the purposes of licensing or royalty collection. Contact us for details and fees.

Details of the regulations that apply can be found on the CPVO’s website here.

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