Jurisprudence DE
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
Under the “breeder’s exemption” in the UPOV Convention, the authorization of the breeder for the use of protected varieties for breeding purposes is not required.
The relevant provisions of the 1978 Act and of the 1991 Act of the UPOV Convention are reproduced and explained as follows:
Article 5: Rights Protected; Scope of Protection
“(3) Authorisation by the breeder shall not be required either for the utilisation of the variety as an initial source of variation for the purpose of creating other varieties or for the marketing of such varieties. Such authorisation shall be required, however, when the repeated use of the variety is necessary for the commercial production of another variety.”
Article 15: Exceptions to the Breeder’s Right
“(1) [Compulsory exceptions] The breeder’s right shall not extend to […]
“(iii) acts done for the purpose of breeding other varieties, and, except where the provisions of Article 14(5) apply, acts referred to in Article 14(1) to (4) in respect of such other varieties.”
Thus, with regard to the use of a protected variety for breeding “other” varieties, the authorization of the breeder of the protected variety is not required in either the 1978 Act (“Authorisation by the breeder shall not be required … for the utilisation of the variety as an initial source of variation for the purpose of creating other varieties…”) or the 1991 Act (“The breeder’s right shall not extend to … acts done for the purpose of breeding other varieties”).
In addition, acts done with the “other” varieties (e.g. marketing), do not require the authorization of the breeder of the protected variety except for the circumstances specified in the 1978 Act and the 1991 Act. Article 5(3) of the 1978 Act (see above) specifies that the “authorisation shall be required … when the repeated use of the variety is necessary for the commercial production of another variety”. The 1991 Act specifies that the authorization of the breeder is required, where the provisions of Article 14(5) (essentially derived and certain other varieties) apply, in respect of the acts for material covered under Article 14(1) to (4) (Refer to this link).
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
United Nations sustainable development goals (SDGs)
The vision of the 2030 Agenda for Sustainable Development includes a world where “food is sufficient, safe, affordable and nutritious”, there is “sustained and inclusive economic growth, social development, environmental protection and the eradication of poverty and hunger” and one in “which development and the application of technology are climate-sensitive, respect biodiversity and are resilient”. The mission of UPOV is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society. The benefits that the UPOV system provides to society will be an important component in realizing the vision of the 2030 Agenda for Sustainable Development.
UPOV's mission is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society. In particular, new varieties of plants are an important means of responding to the challenges of a growing and increasingly urbanized population, climate change, parallel demands for food and energy production and evolving human needs.
The tremendous progress in agricultural productivity in various parts of the world is largely based on improved varieties, together with improved farming practices, and future food security depend on them. There is also a need to further increase food production in the years leading up to 2030. World population is anticipated to grow until 2050, and urbanization will continue. Therefore, the need for increased productivity in sustainable agricultural production will continue for the foreseeable future. New varieties of plants with features such as improved yield, resistance to plant pests and diseases, salt and drought tolerance, or better adaptation to climatic stress are a key element in increasing productivity and product quality in agriculture, horticulture and forestry, whilst minimizing the pressure on the natural environment. Due to the continuous evolution of new pests and diseases as well as changes in climatic conditions and users’ needs, there is a continuous demand by farmers/growers of new plant varieties and development by breeders of such new plant varieties (Refer also to "Why do farmers and growers need new plant varieties?").
Diversity of breeders and breeding is needed to develop new varieties that are able to respond to such a wide range of challenges. The UPOV system of plant variety protection provides an effective mechanism for breeders in both the public and private sectors, and facilitates public-private partnerships. It is a system that is equally relevant for individual breeders, SMEs and larger breeding institutes/enterprises. Plant variety protection supports long-term investment in breeding and provides a framework for investment in the delivery of seed and other propagating material of varieties suited to farmers’ needs.
The UPOV system encourages the development of new varieties of plants, therefore adding to diversity. The “breeder’s exemption” in the UPOV Convention enables plant diversity to be available for further breeding activities because acts done for the purpose of breeding other varieties are not subject to any restriction by the breeder. This reflects the fact that access to protected varieties contributes to sustain greatest progress in plant breeding and, thereby, to maximize the use of genetic resources for the benefit of society (Refer also to "Why does UPOV require varieties to be uniform and stable; doesn’t that lead to a loss of diversity?").
The UPOV Report on the Impact of Plant Variety Protection (Impact Study) notes that membership of UPOV provide important technical assistance and facilitate opportunities for cooperation, which enables PVP to be extended to the widest range of plant genera and species in an efficient way thereby enabling the benefits to be maximized.
The UPOV system has particular relevance in relation to the following United Nations Sustainable Development Goals (SDGs):
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
The vision of the 2030 Agenda for Sustainable Development includes a world where “food is sufficient, safe, affordable and nutritious”, there is “sustained and inclusive economic growth, social development, environmental protection and the eradication of poverty and hunger” and one in “which development and the application of technology are climate-sensitive, respect biodiversity and are resilient”. unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.
World population is growing and urbanization increasing, which places greater demands on the quantity and quality of agricultural production. At the same time, conservation of biodiversity depends on sustainable agriculture and a halt or reversal to the expansion of agricultural land, while there are parallel demands on agricultural land for food and energy production. This means that there is a need to produce more from existing agricultural land, in a sustainable way.
The tremendous progress in agricultural productivity in various parts of the world is largely based on improved varieties, combined with improved farming practices. Breeding plant varieties with improved yield, more efficient use of nutrients, resistance to plant pests and diseases, salt and drought tolerance and better adaptation to climate change can sustainably increase productivity and product quality in agriculture, horticulture and forestry, whilst minimizing the pressure on the natural environment. At the same time, new varieties that are adapted to the environment in which they are grown increase the choice of healthy, tasty and nutritious food while generating a viable income for farmers.
The UPOV system of plant variety protection supports long-term investment in breeding and provides a framework for investment in the delivery of seed and other propagating material of varieties suited to farmers’ needs. UPOV was created in 1961 for the development of agriculture and, since that time, has proven to be an effective system for supporting various types of breeders: individuals, farmers, SMEs and larger breeding institutes/enterprises, in the private and public sectors.
From the outset, the UPOV system was conceived to deliver greatest progress in plant breeding and, therefore, to sustain greatest advances in agriculture for the benefit of farmers and society as a whole. This concept is enshrined in the “breeder’s exemption”, a key feature of the UPOV system since its creation. This exemption enables protected plant varieties to be available for further breeding by all types of breeders, thus recognizing that access to genetic resources is a prerequisite for any type of breeding.
Relations with other treaties and measures concerning seeds
Aims and objectives
Biological diversity or ‘biodiversity’ is the term used to describe the variety of all living organisms and includes diversity within species, between species and of ecosystems. Biodiversity underpins all human activity, notably including agriculture and, therefore, food security.
The Convention on Biological Diversity (CBD) has three objectives: the conservation of biodiversity, the sustainable use of the components of biodiversity and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. A supplementary agreement to the CBD, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from the Utilization elaborates on the Convention’s provisions on access to genetic resources, traditional knowledge and benefit-sharing in order to contribute to the conservation and sustainable use of biodiversity.
The objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security. The International Treaty relates to plant genetic resources for food and agriculture.
The Treaty aims at: recognizing the enormous contributions of farmers to diversity of crops that feed the world; establishing a global system to provide farmers, plant breeders and scientists with access to plant genetic materials; ensuring that recipients share benefits they derive from the use of these genetic materials.
UPOV's mission is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.
Synergies between biodiversity, sustainable agriculture and plant breeding
Conservation of biodiversity depends on sustainable agriculture and a halt or reversal to the expansion of agricultural land, while there are parallel demands on agricultural land for food and energy production. This means that there is a need to produce more from existing agricultural land, in a sustainable way. Conversely, sustainable agriculture is dependent on the conservation and sustainable use of biodiversity, in particular by ensuring healthy soils and thriving populations of pollinators to achieve fertile crops, among other things.
By encouraging the development of new varieties of plants, the UPOV system encourages the sustainable use of biodiversity while creating new genetic diversity. New plant varieties with improved yield, more efficient use of nutrients, resistance to plant pests and diseases, salt and drought tolerance and better adaptation to climatic stress, according to the needs and preferences of farmers and consumers, can sustainably increase productivity and product quality in agriculture, horticulture and forestry. These attributes can reduce the pressure on the natural environment and biodiversity by reducing the need for inputs while reducing the area of land needed for agriculture. Plant breeding sustainably uses biological diversity and relies on the conservation of biodiversity to develop new varieties that deliver substantial benefits for farmers and society as a whole. The critical importance of biodiversity to agriculture is recognized in the CBD and the Nagoya Protocol acknowledges the importance of genetic resources for food and agriculture and their special role for food security. The recognition of the importance of crop and genetic diversity for sustainable agriculture and food security is central to the objectives of the ITPGRFA.
Benefits arising from the utilization of genetic resources
By encouraging plant breeding, the UPOV system incentivizes the generation of benefits arising out of the utilization of genetic resources. In addition, the “breeder’s exemption” in the UPOV Convention enables plant diversity in the form of protected plant varieties to be available for further breeding activities because acts done using such varieties for the purpose of breeding other varieties are not subject to any restriction by the breeder. This reflects the fact that access to protected varieties contributes to sustaining greatest progress in plant breeding and, thereby, to maximize the use of genetic resources for the benefit of society.
The CBD, Nagoya Protocol and ITPGRFA establish the requirements and mechanisms for the sharing of benefits arising out of the utilization of genetic resources. In relation to the breeder’s exemption, a recipient of material from the Multilateral System of the ITPGRFA who commercializes a product that is available without restriction to others for further research and breeding is not obliged but it is encouraged to contribute to the benefit sharing fund of the ITPGRFA.
Legislation in Contracting Parties
International cooperation, as well as coherence in the relevant legislative, administrative and policy measures concerning the CBD, ITPGRFA and the UPOV Convention, in the Contracting Parties concerned, is beneficial for achieving the desired outcomes of those treaties, notably in relation to sustainable agriculture and food security in the context of climate change and land degradation as well as the conservation of biodiversity, access to genetic resources and the sharing of benefits from their utilization.
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
For breeders
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
Only the breeder* of a new plant variety can protect that new plant variety. The 1991 Act of the UPOV Convention provides, under its Article 21(1)(iii), that “ [e]ach Contracting Party shall declare a breeder’s right granted by it null and void when it is established […] (iii) that the breeder’s right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled. ”
*The term “breeder” is defined in Article 1(iv) of the 1991 Act of the UPOV Convention as:
- the person who bred, or discovered and developed, a variety,
- the person who is the employer of the aforementioned person or who has commissioned the latter’s work, where the laws of the relevant Contracting Party so provide, or
- the successor in title of the first or second aforementioned person, as the case may be.
The term “person” embraces both physical and legal persons, and refers to one or more persons. Under the UPOV Convention, there is no restriction on who can become a breeder. A breeder might be, for example, an amateur gardener, a farmer, a scientist, a plant breeding institute or an enterprise specialized in plant breeding.
With regard to “discovered and developed”, a discovery might be the initial step in the process of breeding a new variety. However, the term “discovered and developed” means that a mere discovery, or find, would not entitle the person to obtain a breeder’s right. Development of plant material into a variety is necessary for a breeder to be entitled to obtain a breeder’s right. A person would not be entitled to protection of an existing variety that was discovered and propagated unchanged by that person.
The Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture address the issue of access to genetic resources and benefit sharing.
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
It is important to note that, in some cases, varieties may have a different DNA profile but be phenotypically identical, whilst, in other cases, varieties which have a large phenotypic difference may have the same DNA profile for a particular set of molecular markers (e.g. some mutations).
In relation to the use of molecular markers that are not related to phenotypic differences, the concern is that it might be possible to use a limitless number of markers to find differences between varieties at the genetic level that are not reflected in phenotypic characteristics.
On the above basis, UPOV has agreed the following uses of molecular markers in relation to DUS examination:
- Molecular markers can be used as a method of examining DUS characteristics that satisfy the criteria for characteristics set out in the General Introduction if there is a reliable link between the marker and the characteristic.
- A combination of phenotypic differences and molecular distances can be used to improve the selection of varieties to be compared in the growing trial if the molecular distances are sufficiently related to phenotypic differences and the method does not create an increased risk of not selecting a variety in the variety collection which should be compared to candidate varieties in the DUS growing trial.
The situation in UPOV is explained in documents TGP/15 “Guidance on the Use of Biochemical and Molecular Markers in the Examination of Distinctness, Uniformity and Stability (DUS)” and UPOV/INF/18 “Possible use of Molecular Markers in the Examination of Distinctness, Uniformity and Stability (DUS)”.
For farmers
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
Commercial farmers
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary
- Australia - The Grain Pool of WA vs. The Commonwealth of Australia & Anor (P34/98) [PDF] DE
- European Union - Decision of the Court of Justice of the European Union of December 19, 2019: Case C-176/18 Club de Variedades Vegetales Protegidas
- Netherlands - Judgment on Essentially Derived Varieties (EDVs)
- New Zealand - Court Decision on Breach of Confidence - Disclosure of a Confidential Propagating Technique
- United States of America - J.E.M. AG Supply vs. Pioneer Hi-Bred International, Inc. - A Commentary