b'tion, how we clean the seed, how we tryform of dependency between the initialNormally when it comes to EDVs, the to remove diseased or bad quality seedvariety and their EDVs so that the EDVsPlant Breeders Rights (PBR) owner of and finally, where seed may go. We tryare dependent on its initial variety.the initial variety can allow the EDV to be to show them the problems associatedUPOV members adopted this con- used or not, she says. However, Australia with where weve found problems of howcept of EDVs to ensure that the initialsays it shouldnt be possible for the owner pests are regulated around the world, butbreeder could get some returns onof the initial variety to block a derived we need to give them more. the investment he made on the initialvariety which possesses an important But, when it comes to a timeline ofvariety, the EDV being predominantlytrait for the market. This now especially when the Systems Approach could bederived from this initial variety, Pla says.comes up in context of the rise of gene implemented, both Souza Richards andHowever, the question became: Areediting technology as this enhances the Leader are on the less-than-optimistic side.these concepts clear enough? possibility to introduce new traits in exist-Ive been working on this SystemsSince the original adoption of the EDVing germplasm. The breeders argue that Approach piece for the last two or threeconcept, interpretation of it has causedthis new trait could have been introduced years, Leader says. But the next step ofsome heated debates, especially over thein any variety, but a deliberate choice the process means for the industry andadoption of the latest UPOV Explanatoryis made to use a protected variety of governments more transparency with oneNotes on EDVs in 2017. another breeder.other. However, we should be proud, since were already starting to have that trans-parency. Id love to see some governments involved within the next year or two.Were following the process of the development of the Systems Approach Annex by the IPPC, Souza RichardsThe baseline of this modification of the Explanatory Notes would says. Theres still work to be done by usbe to provide clarity and ensure no confusion on how to interpret and also by the IPPC prior to Systems Approach for seeds to be recognizedthis note, as we have reasons to believe that there is and will be internationally. Based on the timelinemisinterpretation. that the IPPC process take, it is fair to assume that the earliest possible year ofJudith de Roosapproval would be 2024. Then wed start the process of implementation. Of course, that can take longer based on how many national plant protection organizations are willing to approve Systems Approach as their chosen phytosanitary certification option for the import/export of seeds. That Explanatory Note from UPOVThe baseline of this modification Ideally, Systems Approach for seedsraised some questions, says Judith deof the Explanatory Notes would be to can be built up gradually and evolve fromRoos, legal counsel for Plantum. Thisprovide clarity and ensure no confusion only a few participating countries in thenote was adopted through consensuson how to interpret this note, as we have beginning to global acceptance in time,of all UPOV members which resulted inreasons to believe that there is and will be she says.unclear language, and now, theres beenmisinterpretation.some debates about its interpretation andPla agrees: The misinterpretation Essentially Derived Varietiesthe meaning of the text.comes into play if you have a new variety Proving to Be a ChallengeDe Roos mentions that some read it inthat was created using an initial variety In late October 2019, a committee of thewhat is called the Australian approach,but has a new important agronomic International Convention for the Protectionwhich is where there can only be antrait. Depending on interpretations of the of New Varieties of Plants (UPOV) agreedEDV if all essential characteristics areabove-mentioned concepts, this new to revisit their explanatory note on essen- maintained in the derived variety. Avariety could not be considered as an tially derived varieties (EDVs).predominantly derived variety would notEDV. Therefore, the breeder of the initialThe idea of EDVs was conceived inbe considered an EDV from the initialvariety cannot retrieve any new returns 1991, says Magali Pla, industrial propertyvariety if that variety differs in one orfrom the use of this new variety, which is manager of Limagrain. It was meantmore essential characteristics even if itnot acceptable. to broaden the scope of protection forhas retained all other characteristics fromAnother question was brought up breeders of an initial variety by creating athe initial variety. questioning whether the EDV concept is 26/ SEEDWORLD.COMINTERNATIONAL EDITION 2020'