无投影片标题-观点种子网前台大农艺学系种子研究室网.ppt

?,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,2004 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 Seed 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 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,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,Poinsettia,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,/eng/prod/esqueixoscos.htm,Gypsophila Yukinko,Of Israeli origin Farmers were 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 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 Production 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, representative 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 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 having 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 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,Differences 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 .,Upov 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 implies 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 privilege,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, 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 for 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 members,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 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 Patent 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 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) varieties 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) a