Some P.V.R. changes

Press, 23 September 1983, Page 22

Some P.V.R. changes

The Plant Varieties Bill, 1983, which was introduced into Parliament recently, continues the plant varieties legislation New Zealand has had since the mid 19705, with some variations.

The registrar of plant varieties for the M.A.F., Mr F. W. Whitmore, of Lincoln, is concerned that publicity given to the introduction of the 1983 bill may have implied the establishment of a new office and appointment of new personnel to administer the plant variety rights scheme. “The scheme known as plant selectors’ rights has been in operation since 1975, under the provisions of the Plant Varieties act, 1973,” said Mr Whitmore.

“The scheme provides to breeders of new varieties of plants legal protection over their varieties, rather like patent or copyright protection.”

To be eligible for plant selectors’ rights a variety must be;

© New. It cannot have been sold in New Zealand for over a year before

application, or overseas for over four or six years before application, depending on the type of plant.

© Distinct. ® Uniform. ® Stable. © Must have a suitable name.

“In recent years the scheme has expanded greatly and since November 1981 has applied to varieties of virtually all genera and species of plants,” he said. “In 1981 New Zealand became a member of the international plant breeders rights organisation, U.P.O.V. (International Union for the Protection of New Varieties of Plants).

“The Plant Varieties Bill which was introduced into the House of Representatives on September 6 this year will carry on the present scheme. “It will introduce a few significant changes and correct a number of ambiguities or loopholes in the present legislation,” said Mr Whitmore.

“One of the most important changes is to provide applicants a more appropriate form of temporary protection of their varieties over the interim period between applying for and receiving rights. “The present Act provides to breeders of fruit and some ornamental varieties rather inadequate legal protection.

“The rights of such breeders are to be reinforced to cover all propagations for the commercial production of fruit and flowers.

“Certain changes in terminology are to be made.

“When the bill is enacted the rights will become known as plant variety rights, to confirm more closely with overseas practice,” he said. The administering office of the scheme, at Lincoln, will become known as the Plant Variety Rights Office. Mr Whitmore said the rewriting of the Act also consolidated and improved comprehension.