Ching, L. L. (2020). Focus on Plant Variety Protection: A compilation of Selected Literature on the Impact of the UPOV Convention, Alternative sui generis PVP Laws and the effect of Farmers’ Rigths. (PDF, 988KB)

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This publication compiles selected literature on the issue of plant variety protection (PVP) and especially on the relevance and impact of the 1991 Convention of the International Union for the Protection of New Varieties of Plants (UPOV) in the context of developing countries. The aim is to inform policymakers with robust studies and evidence, so that policy is not made in a void or absence of knowledge. 

The first key aspect the compilation focuses on is the impacts of the UPOV Convention and PVP laws derived there from. Secondly, the publication highlights the effectiveness and implementation of sui generis regimes and includes some analysis of laws that are seen to be in line with UPOV 1991. Thirdly, the compilation also includes literature that examines Farmers’ Rights, particularly the right to save, use exchange and sell farm-saved seed and propagating material. The final aspect of the compilation includes literature on what a sui generis PVP regime that attempts to balance Farmers’ Rights and breeders’ rights could look like, what factors may influence policy and legal developments, and what options are available for countries given their international obligations.