TABLE 1: COMPARISON OF MAJOR INTELLECTUAL PROPERTY SYSTEMS FOR PLANT VARIETIES
Criterion
Protection
UPOV 1978
Varieties of species or
genera as listed
UPOV 1991
Varieties of all genera and
species
Exclusion
Nonlisted species
None
Requirements
Novelty (in trade)
Distinctness
Uniformity
Stability
Description (DUS)
Novelty (in trade)
Distinctness
Uniformity
Stability
Description (DUS)
Rights
Prevent others from
commercializing
propagating materials
Seed saving
Allowed for private and
noncommercial use
Allowed when
noncommercial
Use in breeding allowed
Prevent others from
commercializing
propagating materials and,
under certain conditions,
using harvested material
For use on own holding
only (for listed crops only)
Not allowed without
consent of rights holder
Use in breeding allowed
(but sharing rights in case
of EDV)
20-25 years (depending on
crop)
Allowed
Disclosure
Seed exchange
Breeder’s
exemption
Duration
15-20 years (depending
on crop)
Not allowed
Utility patents (USA)
Sexually reproduced plants (and
genes, tools, methods to produce
varieties)
First-generation hybrids,
uncultivated varieties
Novelty (in public knowledge)
Utility
Nonobviousness
Industrial application
Enabling disclosure
Best mode disclosure
Deposit of novel material
Prevent others from making, using,
OR selling the claimed invention
or selling a component of the
invention
Not allowed without consent of
patent holder
Not allowed without consent of
patent holder
Not allowed without consent of
patent holder
20 years from filing or 17 years
from granting (prior to June 1995)
Allowed
Double protection
(PVP and patent)
Source: Adapted from Helfer (2002), Krattiger (2004), and Van Wijk et al. (2003).