New version Explanatory Notes on Essentially Derived Varieties
After four years of debate, the UPOV Council, adopted the new Explanatory Notes on Essentially Derived Varieties (EDV). These new notes replaced the version of 2017. In general terms, it can be said that the “umbrella” or scope of protection of the right of the initial variety has been increased.
New version Explanatory Notes on Essentially Derived Varieties
The new Explanatory Notes provide clarification regarding the following subjects:
- Mutants are per se predominantly derived from the initial variety. This concerns both natural mutants and genetically modified mutants.
- There is no maximum number of differences in characteristics between the initial variety and those of the EDV, which have arisen as a result of plantbreeding.
- If there is a new characteristic resulting from the breeding of the (initial) variety, this can also be a "substantial/essential characteristic". This means that if a essentially derived variety differs from the initial variety in 1 or more important characteristics (e.g., a valuable resistance), this essentially derived variety does not fall outside the scope of the initial variety.
International Seed Federation (ISF) - New Explanatory Notes EDV
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Annual meeting Variety Testing Department / Board for plant varieties
We invite you to an annual meeting to discuss al your applications of Plant Breeders' Rights and/or listing in the Netherlands.
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Changes reporting resistances in DUS variety descriptions
Changes in the reporting of resistances in DUS variety descriptions
Resistance characteristics that are not included in the CPVO protocols (neither in the UPOV guidelines nor in the national guidelines) and that have not been submitted as additional characteristics will no longer be mentioned in official variety descriptions, not even under point 16 (Additional Information).
This concerns resistances indicated by the applicant as additional information (for example, in the TQ). This change was announced and adopted by the CPVO during the CPVO Meeting of Examination Offices (MEO) in December 2024. The relevant document in the CPVO Vademecum will be adjusted. As of January 1, 2025, resistance claims for such diseases will no longer be added to official variety descriptions.
We still gladly receive this relevant information in the TQs for the completeness of our database (and for any future changes in protocols or the procedure for additional characteristics).
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Gazette of the Board for plant varieties February 2025
The Gazette is the government publication sheet. The new Gazette is published every month.