b'ISF VIEWS ON THE PROCESS RELATED TO THE REVISION OF THE EXN EDVL ong acknowledged as a critical concept forcheaper and more precise breeding techniques now regulating the application of plant breedersplace the concept of Essentially Derived Varieties rights, Essentially Derived Varieties (EDV) remainat the heart of the implementation and longevity of at best an intangible notion, difficult to understandplant breeders rights, to ensure that the breeding concretely.incentive will still remain to provide new varieties The International Seed Federation (ISF), for- able to address as many issues as possible. merly ASSINSEL, has been at the forefront of theTo gain better understanding, ISF conducted development of this concept since the very begin- a survey in 2020 in conjunction with the other ning. This complex notion involves questions ofbreeders associations which have an observer seat scope of protection and enforcement of both theat UPOV. Respondents clearly showed support to rights of the breeder of the initial variety as well asthis historical concept and 91 per cent replied that the breeder of the EDV. Thus, solving the potentialthe modification of one or more characteristics in disputes that may arise between competitors, inan initial variety, for example via the latest breed-such a small world that the breeding sector is, ising methods, does not automatically lead the new Hlne Khan Niazi critical to keep a healthy relationship between com- variety to be out of the scope of EDVs. The tra-petitors and to keep the cycle of innovation going.ditional assessment of an EDV should remain no ISF members have done a tremendous job inmatter what breeding method is used. This was trying to bring some concreteness to this vaguea reassurance for ISF to continue to defend this concept. In the past years they have determinedimportant concept. thresholds of genetic distances for some key crops: maize, oilseed rape, cotton, perennial ryegrass and lettuce. The protocols, technical guides and theTHE RESPONSIBILITY TO guidelines for the crops are available on the ISF website: https://www.worldseed.org/our-work/ DETERMINE WHAT IS AN trade-rules/#essential-derivation As the voice of the seed sector at the inter- EDV LIES WITH THE PVP TITLE national level and representing the interests of its members, ISF has put in place specific RegulationHOLDER AND NOT WITHfor the Arbitration of Disputes concerning Essential Derivations and a list of 13 internationalTHE PVP OFFICE.experts to be potentially nominated as arbitrators (also available under the link above mentioned), whose primary purpose is to avoid or to eventually resolve disputes. This list will be updated in 2021Another issue ISF wants to address through and any proposals for expert nominations may bethe revision of the Explanatory Notes is a clarifi-sent to the ISF Secretariat.cation on the responsibilities to determine an EDV. Not all crops benefit from internationallyThis responsibility lies with the PVP holder title and agreed upon rules and a clearly determined thresh- it should not be up to the PVP office to determine old. It is thus important that the Explanatory Noteswhether a new variety is an EDV or not. That is provided by UPOV are available to serve as a basiswhy ISF is advocating to re-introduce a paragraph to analyse some cases during dispute resolutionwhich was very useful in the previous version of and arbitration. The Explanatory Notes should pro- the Explanatory Notes clearly stating the roles and vide as much clarity as possible on the componentsaccountabilities of the different stakeholders, the of an analysis of an EDV: predominant derivationvalue of alternative dispute resolutions, such as the from an initial variety, clear distinctness from thearbitration system offered by ISF, as well as refer-initial variety and conformity to the initial varietyences to the relevant industry-approved guidelines. in the expression of the essential characteristics.We hope that by the end of 2021, UPOV mem-Naturally, ISF is very much involved in the revisionbers will adopt clearer revised Explanatory Notes of the EDV Explanatory Notes from 2017 to helpon EDV which is critical to help the enforcement of provide more clarity to these notions.this ever-so-important concept in this area of new The 2012 ISF View on Intellectual Propertybreeding techniques.already provides guidance for such revision of the Explanatory Notes, however, it was important toEditors Note: Hlne KHAN NIAZI is International re-assess the alignment of this 8-year-old positionAgricultural Manager at the International Seed with the evolution of breeding techniques. Faster,Federation (ISF)14IEUROPEAN SEEDIEUROPEAN-SEED.COM'