b'UPOV to Update Guidance on Essentially Derived VarietiesAt a meeting in late October, a committee of the International Convention for the Protection of New Varieties of Plants (UPOV) agreed to revisit the Explanatory Note on Essentially Derived Varietiesa move that should end in applause, but a great deal of work still needs to happen.Julie Deering jdeering@issuesink.comA NUMBER OForganizations representing plant breed-UPOV defines an Essentially Derived Variety (EDV) as one that is: ers say this is too narrow and open for interpretation. One a.Predominantly derived from the initial variety, or from a variety that is itselfsuch organization is CIOPORA, an international community of predominantly derived from the initial variety, while retaining the expressionbreeders of asexually reproduced horticultural plants. CIOPORA of the essential characteristics that result from the genotype or combinationbrings together plant breeders, national breeder associations, of genotypes of the initial variety. intellectual property experts and consultants from 27 countries b. Clearly distinguishable from the initial variety. to develop, improve and harmonize national and international c.Except for the differences which result from the act of derivation, it conformsplant variety protection systems.to the initial variety in the expression of the essential characteristics thatIn a position paper, CIOPORA recognizes that some want to result from the genotype or combination of genotypes of the initial variety. limit the Essentially Derived Variety (EDV) concept to varieties, EDVs may be obtained for example by the selection of a natural or inducedwhich can be distinguishable from the initial variety by a very lim-mutant, or of a somaclonal variant, the selection of a variant individualited number of characteristics. But the organizations leaders say from plants of the initial variety, backcrossing or transformation by geneticthis interpretation limits the EDV concept as far as possible and engineering. does not achieve UPOVs objective to create a balance between biotechnology inventors and traditional breeders and to bring mutations under the scope of protection of their initial variety.Taking into consideration that an EDV per definition must be clearly distinguishable from the initial variety, which requires Seed and grain as a minimum a difference in one characteristic. Under such cleanerS interpretation, only varieties which have exactly one difference compared to their initial variety could be considered to be an for the world EDV, explains Edgar Krieger, CIOPORA secretary general. This approach does not support innovation.Other organizations supporting this view include the Air Screen Cleaners International Seed Federation, CropLife, EuroSeeds, Asia-Pacific Seed Association, the African Seed Trade Association and the Seed Association of the Americas.After a year of inaction by UPOVs Administrative and Legal Committee to take up this topic, these organizations together submitted to UPOV a joint letter, pointing out that the narrow approach to the EDV concept may greatly endanger the breed-ing incentive and could possibly lead to a diminution of () breeding effort Indented Cylinder Length Separator It wasnt until after a seminar on the impact of policy on EDVs Crippen Northland on breeding strategy as part of UPOVs 76th meeting at the end of Superior Supply Co. October that UPOV concluded there is evidence that the current UPOV guidance does not reflect the breeders common practice 8-851 Lagimodiere Blvd.in understanding EDV and the implementation of the EDV concept Winnipeg, MB has a direct impact on breeding strategies. As such UPOVs guid-ance must foster progress in breeding to benefit society.Ph: 204-925-6141 Furthermore, the committee recognized the evolution of www.northlandsuperior.com Gravity Separator breeding techniques has created new opportunities and incen-tives for predominantly deriving varieties from initial varieties, more rapidly and at a lower cost.SW68/ SEEDWORLD.COMDECEMBER 2019'