Plant Breeders' Rights

Abstract

PBR were originally developed as an alternative to patents and were first recognised internationally by the 1961 International Convention for the Protection of New Varieties of Plants (UPOV Convention). UPOV 1961 was first revised in 1972 and again in 1978. The 1978 version of the Convention recognises the so-called ‘farmer’s privilege’ allowing farmers to re-use propagating material from the previous year's harvest and to freely exchange seeds of protected varieties with other farmers It also provides exemptions for non-commercial research, and for the development of new plant varieties. UPOV was revised again by the 1991 Convention, which strengthens PBR protection, removes the breeders exemption from essentially derived varieties and leaves it up to individual countries to determine whether or not to apply the farmers’ privilege within their territory.