Ownership - PowerPoint Presentation

Slide1

Ownership and use of DUS samples and DNA of DUS samples during and after the DUS test

Kees Jan GroenewoudSecretary to the Dutch Board for Plant VarietiesSlide2

Use of DUS material and DNA thereofUse of DNA of DUS samples2Breeder X of existing Tomato

Variety XBreeder Yof new Tomato Variety Y

Existing

Tomato

Variety X

New

Tomato

Variety Y

Variety Y EDV of X?

Infringement

?

Suspicion

of

Breeder

X:

= New Variety Y

EDV of X?

Court:

Permission

to

Take a sample of

Variety Y

from

reference

collection

NaktuinbouwSlide3

Result: we started to ask ourselves

some questions of principle

:

What

is

the

procedure

regarding

this

kinds of

requests?

Who is

the owner

of

the DUS sample?Why did owner first go to Naktuinbouw?More then 60.000 DUS samples, more requests?Is this good for PBR in general?And….what is our role?

Use of DNA of DUS samples

3

Use of DUS material and DNA thereofSlide4

It is material of the variety which you are

sure of that ik realy

is

the

material

of

the

variety

because

it is

tested

In a legal

sence: its the most pure material, and the DUS material may well serve as evidence in a legal procedureUse of DNA of DUS samples4Use of DUS material and DNA thereofSlide5

Use of DNA of DUS samples5Use of DUS material and DNA thereoflegal basis DUS sample

UPOV 91; art 12: Examination of the

application

.

“For the purposes of examination, the authority may require the breeder to furnish all the necessary information, documents or

material

.”

TGP 5: Experience and cooperation in DUS testing.

Section 11

Examples of policies and contracts for material submitted by the breeder.

Annex 1 Example from Australia

Annex 2

CPVO P

olicy

on the status of plant material used for DUS testing purposes.Slide6

Use of DNA of DUS samples6Use of DUS material and DNA thereofcurrent policy DUS sample

Community Plant Variety Office of the European Union (CPVO) Policy on the status of plant material used for DUS testing purposes (http://www.cpvo.europa.eu/documents/announcement/2012)Netherlands; Desire to create clarity for the breeders and testing authority on the do’s and

dont’s

around the use of DUS samples and its derivatives such as variety description, photographs, DNA and DNA data.Slide7

Use of DNA of DUS samples7Use of DUS material and DNA thereofGeneral statement NL DUS policy

Principles in the Netherlands on DUS samples:Applicant/

breeder

is

owner

of the sample (

also

during

the DUS procedure)

Board for

Plant Variety

Rights

may use

the sample for DUS Purposes

Naktuinbouw as Examination Office is holder of the sample.Slide8

1. What should an Examination Office entrusted by CPVO do with plant material if the application is withdrawn or if it is rejected? 1.1 Destroy or send back, or1.2 In its reference collection 2. May a CPVO entrusted Office send material to another CPVO entrusted Office? yes to another entrusted office in the same species. If parent lines: inform the person entitled. Only to be used for DUS

purposes. Use of DNA of DUS samples

8

Use

of DUS

material

and

DNA

thereof

cpvo policy on DUS materialSlide9

3. May a CPVO entrusted Office send materialto an other (non entrusted) Examination Office? Only with consent from the person entitled. 4. What may the Examination Office do after the variety has been granted EU pvr? 4.1 Destroy or sent back to the applicant, or 4.2 Keep in a living reference collection.

4.3 If material is kept, material may be transferred as in Section 2 above. 5. After the Community Plant Variety Expires

5.1 Material kept in a reference collection should be kept also after expiry of EU

pvr

.

Use of DNA of DUS samples

9

Use

of DUS

material

and DNA thereof

cpvo

policy on DUS materialSlide10

Use of DNA of DUS samples10Additional in the Netherlands:In the process of DUS testing DNA is taken from all DUS samples to use for:character based DNA tests (resistances

) management of the reference collectioninclusion in a database (

suspected

)

infringement

cases (

under

conditions)DNA is

stored by NaktuinbouwUse

of DUS material

and DNA thereof

dna

from DUS samples in NLSlide11

Use of DNA of DUS samples11Use of DUS material and DNA thereofuse of data derived

from DUS samples

Use

DNA

outside

scope of DUS

testing

Delicate matter – well tuned

with Plant Breeding CompaniesGeneral rule – consent

from the Breeder requiredSlide12

Use of DNA of DUS samples12Use of DUS material and DNA thereofuse of data derived form DNA samples

Consent needed

for

:

Use

of DUS sample as

an

identified

standard

which

represents

the variety.

No

consent needed for:Use as an anonymously background sample in a DNA comparison test between two samples in the case under 1. Use as anonymous sample to establish possible genetic (EDV) tresholds in EDV cases within plant speciesConfidentiallity same level as breeding

historySlide13

General principle: how to treat DUS sample and DNA thereof

?DUS sample and

DNA

thereof

treated

the

same

- same

policyMeans

: The applicant

/breeder is

considered

the owner, the Board for Plant Varieties gets posession of the sample for DUS purposes and Naktuinbouw keeps the sample.New: sligtly broader

use

Use of DNA of DUS samples13Use of DUS material

and

DNA

thereof

policy: DNA

from

DUS samples in NLSlide14

Use of DNA of DUS samples14Need for clear

policy rules that

are

communicated

with

the

industry

.

Consederations

to

amend the

existing CPVO

policy

by:Including the obligation to always inform the applicant when material is exchangedModifying the CPVO policy on the status of plant material by including the use of DNA Clearly stating

that DNA information is

considered as confidential

Purpose

–

to

strengten

PBR system

Use

of DUS

material

and

DNA

thereof

closing

remarks