The ninth meeting of the Working Group on Harvested Material and Unauthorized Use of Propagating Material (WG-HRV) was held virtually on March 19, 2026, bringing together UPOV members and observers to discuss an independent expert study on the scope of the breeder's right and its relationship with the exhaustion of the breeder's right under the UPOV 1991 Convention.
The authors of the study, Huib Ghijsen, Viviane Kunisawa, Charles Lawson, Axel Metzger and Joseph Straus, were commissioned to analyze the intentions of the drafters of the 1991 Act of the UPOV Convention in relation to Articles 14 and 16. The study examines two key parts in the 1991 Act: the notion of "unauthorized use of propagating material" and "reasonable opportunity" in Article 14(2), and the relationship with the “exhaustion of the breeders right” in Article 16.
The study is accompanied by summaries of court cases from UPOV members bound by the 1991 Act, including court decisions from Australia, Belgium Germany, Italy, Japan, the Kingdom of the Netherlands and the Court of Justice of the European Union.
The meeting further addressed next steps for the work of the WG-HRV, including a request for the Secretariat to prepare draft proposals for the revision of the UPOV Explanatory Notes on Acts in Respect of Harvested Material under the 1991 Act of the UPOV Convention drawing on the suggestions and comments made during the meeting. These proposals will be presented at the tenth meeting, scheduled for Wednesday, October 21, 2026, in a hybrid format.
What is the Working Group on Harvested Material and Unauthorized Use of Propagating Material?
The Working Group on Harvested Material and Unauthorized Use of Propagating Material (WG-HRV) is a UPOV expert group established by the Administrative and Legal Committee. The WG-HRV brings together legal and technical experts from UPOV members and observers to support the development of guidance on the UPOV 1991 Convention. Further details are available on the WG-HRV page.