b'PARTNER CONTENTASTA Engaged in Global Effort to Strengthen Plant Breeders RightsBy John DuesingOrigin of the EDV Principle protected variety is used atWhats Next?The UPOV Convention1 is criti- least predominantly by anotherIn June 2020, ASTA adopted po-cally important to the U.S. seedbreeder to derive a distinct newsitions regarding EDV to inform industrys ability to obtain avariety. The new variety wouldand influence the anticipated plant variety right (PVR), suchbe considered essentially orrevision of the EDV Explana-as a plant breeders right orpredominantly derived andtory Notes. The positions focus plant variety protection, forlikely to qualify as an EDV.on the EDV systems important new varieties in the U.S. andThe EDV provisions underroles and conditions, especially in countries worldwide. TheUPOV 91 preserve the scopescope and limits of rights, ac-essentially derived varietyand strength of the PVR grantedcountability, entitlement and (EDV) principle arose in theto the owner of the source orauthority. They also identify 1980s because breeders wereinitial variety (IV). The provi- gaps and issues that deserve concerned that plant biotechsions specify that anyone usingJohn Duesing is the ASTAattention and should be ad-companies might transform athe protected variety to deriverepresentative to the EDV Taskdressed in the revised UPOV breeders PVR protected varietyor discover an EDV under theForce. He is an ASTA HonoraryEDV Explanatory Notes. to create a derivative and inde- breeders exemption may seek aLifetime Member. ASTA has shared its EDV pendently protectable variety.PVR for the EDV, while the ownerpositions with the Interna-Recently, similar concerns haveof the PVR-protected IV has theto assert their right against ational Seed Federation, mem-been raised regarding the useright to determine if the EDV canputative EDV. bers of the EDV Task Force of genome editing to introducebe exploited commercially.When UPOV met in Octoberand the UPOV Office and with one or a few targeted changes2020, it established the Work- staff at the U.S. Plant Variety to the genome of PVR-protectedEnsuring Clarity and ing Group EDV (WG-EDV) toProtection Office and Patent varieties.Consistencyundertake the process to reviseand Trademark Office. ASTAs In 2019, international and re- the EDV Explanatory Notes.positions will be a valuable Why the EDV Principle Matters gional plant breeding and seedThe resulting revised guidanceresource for EDV Task Force The EDV principle, as intro- industry associations formedwill have a lasting impact onmembers and U.S. government duced by the 1991 Act of thethe EDV Task Force2. The TaskU.S. seed companies operat- representatives serving on the UPOV Convention, representedForce requested UPOV toing in UPOV countries withUPOV WG-EDV and engaging a significant enhancementorganize an effort to revise theimplemented EDV provisions.in the effort to revise the EDV in the scope of protection forEDV Explanatory Notes3 fromInternational, national andExplanatory Notes. The revi-plant varieties and remains2017 in order to address a lackregional plant breeding andsion effort began in December today, thirty years later, anof clarity and some confusionseed industry associations2020 and is expected to finish essential element of the globalregarding certain aspects ofare coordinating efforts andin October 2021.PVR system. The EDV-relatedEDV, particularly scope. Thealigning positions through the provisions of UPOV 91 estab- purpose of the revision is toEDV Task Force so the futureFor More Informationlished a balanced form of PVRensure EDV conditions arerevised Explanatory Notes willYou can access the ASTA EDV so a breeder who invests inconsistently and effectivelybe in accord with plant breed- Position Paper and additional the development of protectedimplemented by all UPOVing industry best practices forresources at the following link: varieties may benefit from ex- members and so the breeder/ sexually and asexually propa- www.betterseed.org/edvtended rights when their PVR- owner of an IV knows howgated crops. 1The International Convention for the Protection of New Varieties of Plants provides the basis for an intergovernmental system togrant breeders an intellectual property right for their new varieties at the national and regional level.2Members of the EDV Task Force are International Seed Federation (ISF), International Community of Breeders of AsexuallyReproduced Horticultural Plants (CIOPORA), Crop Life International (CLI), Euroseeds, Asia and Pacific Seed Alliance (APSA), African Seed Trade Association (AFSTA), and Seed Association of the Americas (SAA). 3The purpose of the Explanatory Notes is to provide guidance on Essentially Derived Varieties under the 1991 Act of the UPOVConvention.42/ SEEDWORLD.COMJANUARY 2021'