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of genetic diversity involving complete genomes should not lead to the granting of patents or at the very least to patent claims relating to the products obtained. We believe that continued development of these two approaches to intellectual property UPOV and the scope of European Directive 9844 in the way we have set out is essential for the protection of innovations resulting from plant breeding and would allow the tools to be fully restored to their proper and mutually complementary roles. Against this backdrop it is important initiatives that would lead to the two proposed developments are pursued simultaneously. THE INTERFACE BETWEEN DIFFERENT SYSTEMS We discussed earlier the issue of interplay between PVPs and patents that appeared in the 2000s in the context of the current use of these two intellectual property protection tools. Accordingly we must also address the issue of the interface between patents and PVPs after the developments at UPOV and in Directive 9844 discussed above have taken place. The aim here with regard to intellectual property rights is not to be able to use the patented invention at the expense of respect for the legitimate rights of the inventor but to have access to genetic diversity the gene pool comprised within the variety in order to pursue breeding activity. Since the 2000s the plant breeding community has been propos- ing solutions to manage this type of interfaceif a plant variety has a characteristic that is the subject of a patent claim a breeder wanting to use this variety as a source of genetic variability would have to do so within the framework of the breeder exemption. French German and Dutch law and the new European unitary patent have already recognized this situation by clearly establishing that use of the breeder exemption cannot be considered a patent infringement during the breeding phase. After this permitted breed- ing process two eventualities can arise i the characteristic cov- ered by the patent claim is no longer present in the progeny and the breeder has complete freedom to operate using the new variety or ii this characteristic is present in the new variety and the breeder must obtain a license from the patent holder before beginning any marketing activity. Such pragmatic management which respects everybodys rights and obligations was adopted unanimously across a full range of plant breeders from small-scale family companies to multina- tionals when they convened at the International Seed Federations 2012 Congress. OVERHAUL REQUIRED While reiterating the importance and need for the two complemen- tary tools PVPs and patents to protect intellectual property that arises from innovations in plant breeding we propose that the two legislative frameworks that govern them the UPOV convention and Directive 9844 should jointly evolve to take into account the scien- tific and technical developments of the last two decades. Both of these legal instruments were the result of the think- ing and knowledge of the 1990s. Twenty-five years on an overhaul appears to be required something that has precedent in the 1978 and 1991 modifications to the UPOV convention. We are convinced that the changes proposed would allow the clarification of both the role and place of the two systems in the protection of innovations to the benefit of all actors in the plant breeding sector. This would also help ensure the sustainability of funding for research to meet the needs of growers and the expectations of society. We made a deliberate choice not to discuss the detailed prac- tical measures required for the implementation of our proposals and we do not underestimate the complexity this would entail. Our overriding aim is to stimulate thinking about the issues and to con- tribute to the debate in the widest sense. In this vein we considered it important to set out our views on the needs of the plant breeding sector with regard to intellectual property tools. It also appeared vital to clarify the debate on the use of PVPs and patents as com- plementary tools that afford different types of protection and which we see no reason to oppose. We hope the contribution made by our discussion of the issues will also serve to inform legislators about the needs and expectations of the plant breeding industry. Sunower Canola and Sorghum Production Hybrid Seed Production Processing Packaging and Distribution Brand Support Consultation Nathan Williams International 00.1.530.681.2782 nathanalphasunseed.com WWW.ALPHASUNSEED.COM Your Independent North American Partner in Northern California FIRST CLASS SEED PRODUCTION AND SERVICE Contact us to learn how AlphaSun Seed can offer Nathan Williams International 00.1.530.681.2782 nathanalphasunseed.comNathan Williams International 00.1.530.681.2782 nathanalphasunseed.com WWW.ALPHASUNSEED.COMWWW.ALPHASUNSEED.COM FIRST CLASSFIRST CLASSFIRST CLASSFIRST CLASSFIRST CLASSFIRST CLASS SEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTIONSEED PRODUCTION AND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICEAND SERVICE 30 I EUROPEAN SEED I EUROPEAN-SEED.COM