b"Why horticultural breeders need UPOV to reopen its Explanatory Notes on EDV CIOPORAS TAKE ON ESSENTIALLY DERIVED VARIETIES.BY: EDGAR KRIEGERI n CIOPORAs view, horticultural breeders, first and foremost, need effective protection of their Plant Breeders Rights (PBR). In respect of Essentially Derived Varieties (EDV) this means two things: the EDV concept per se is sufficiently broadly defined and that clear and unambiguous rules are provided for the establishment of dependency between an EDV and its Initial Variety. A narrow understanding of EDV, currently put forward in the UPOV Explanatory Notes on EDV (EXN EDV), may lead to gradual eradication of PBR. By providing a broader interpretation of the EDV concept the policy makers would ensure a fair and equitable treatment of breeders of the Initial Varieties on whose genotypes EDVs are solely or predomi-nately based. The issue becomes even more press-ing with the rapid development of the NewIndustry representatives met in June 2019 in Hamburg to discuss EDVs.Breeding Techniques (NBT). Although the traditional breeding methods of cross-ing and selection still form a big bulk ofof its mother varietythe very reasonWHAT ARE ESSENTIAL the variety development in horticulture,why a certain mother variety and notCHARACTERISTICS?many expect that NBT will soon penetratean older, free variety was chosen by theThe notion of essential characteristics the area delivering precise results at a rea- mutant developer.is ambiguous and does not contribute to sonable cost and time investment. MutantsCIOPORAs approach to EDV ismore clarity on EDV. The European PVR with improved traits produced by meansbroader than the one currently sug- Regulation 2100/94 does not use this of NBT may swiftly take over the marketgested in the UPOV EXN on EDV. Wenotion but focusses on predominant der-shares of their initial varieties, curtailingbelieve that, if the CIOPORA approachivation instead. CIOPORA supports this up to 20 years of breeding work by a singleis adopted by UPOV and eventually itsapproach. snap of genetic scissors.members, it could contribute significantlyAdditionally, the EXN on EDV word-Focusing on mutants that constituteto strengthening of the breeders right.ing provides that an EDV shall conform to the majority of EDVs in asexually repro- We also believe that the same idea wasits Initial Variety in the expression of the duced horticultural crops, at CIOPORAbehind the EDV concept introduction intoessential characteristics. Furthermore, we consider all distinct mutants to bethe Act 1991 of UPOV. The EDV conceptit states that .the differences which EDVs per se because: (1) a mutant is notwas introduced to strengthen the rightsresult from the act of derivations should only predominantly but solely derivedof breeders of Initial Varieties by creat- be one or very few. Such wording is too from its Initial Variety; (2) it is pheno- ing a balance between biotechnology andrestrictive, as it reduces the possible typically distinct from its Initial Variety,traditional breeding and providing breed- scope of EDV to plagiaristic varieties and (3) except for the differences whichers of Initial Varieties with an additionalonly. In CIOPORA's understanding, this result from the mutation it conforms tosource of remuneration. The aim washas never been the aim of EDV concept the Initial Variety. In our crops, it can beto establish a PBR-specific dependencyas title holders are already protected taken for granted that all phenotypic dif- between the Initial Variety and its EDV,from plagiarisms by the requirement of ferences between a mutant and its motherso that the developer of the EDV requireddistinctness. Furthermore, such a narrow variety result from the act of derivation.an authorization of the title holder of theinterpretation creates a high risk that At the same time, a mutant will alsoInitial Variety for the EDV commerciali- varieties, although predominantly or even retain several important characteristicszation. solely derived from one Initial Variety but 24IEUROPEAN SEEDIEUROPEAN-SEED.COM"