Essentially Derived Varieties (EDV) are a very interesting topic in international Plant Variety Rights, a valuable life science IP right. Since its introduction with the UPOV 1991 treaty, EDV formed the object of intense debate within the WIPO-attached agency, trying to find the right balance between inventor/breeder’s right and the access to improved vatieties following both public interest and the force of Nature.
While the current version of UPOV 2017 Explanatory Notes on EDV reflects the efforts of top level Authors, breeder’s associations and intergovernmental bodies, converging with the “bright line” approach adopted by Australia, the debate is still open.
The present paper constitutes WebLegal’s contribution in this debate, to the benefit of public discussion.
Click here to read the White Paper.