The European plant variety protection system

Plant variety protection at European level

The CPVO 's presentation at SIVAL 2024 provided an insight into how the European plant variety protection system works. A plant variety refers to a variety, defined as a specific plant grouping within a given taxon. Examples include apple varieties such as Gala or Granny Smith, or rose and vegetable varieties. Varietal creation is based on crossing and selecting parents to obtain improved characteristics compared with existing varieties. While such breeding is currently carried out by conventional reproduction, the new genomic techniques currently under discussion at European level could enable us to intervene directly on DNA, modifying the conditions under which these varieties are marketed, particularly with regard to environmental risk assessment.

The legislative framework is based on the UPOF international convention, originally signed in 1961. This international text, adopted by 80 countries, has been transcribed into a European regulation, valid in the 27 member countries of the European Union. This system allows the coexistence of national and European titles, although double protection is not authorized. Breeders of varieties can file a single application online, including filing, verification, technical examination and decision. This title remains valid for 25 years for most species, and 30 years for perennial varieties such as vines, trees and asparagus.

Criteria and evaluation process for new varieties

To qualify for protection, a variety must meet a number of criteria: it must be distinct (from all existing varieties worldwide), uniform and stable. In addition, it must be new, i.e. it must not have been marketed for more than one year in the European Union (or six years outside in certain cases, such as trees or vines). Each variety is also required to have a unique and clear denomination, distinct from existing names, with no risk of confusion for the consumer. Within the European Union, the legal protection offered includes not only the plant and its harvesting material, but also specific rights allowing multiplication and experimentation for non-commercial purposes.

The protection system encourages innovation by allowing protected varieties to be used as a basis for creating new varieties. This privilege also extends to farmers for certain agricultural species, enabling them to retain and resow part of their harvest free of royalties. The examination offices, in partnership with organizations such as INRAE in France, carry out technical trials when applying for protection to assess these criteria, a process that can last from 1 to 5 years depending on the species concerned. The management of reference collections, comprising thousands of varieties worldwide, is an essential pillar in this evaluation.

Socio-economic impact of the plant variety protection system and future challenges

A socio-economic study conducted in 2022 revealed that the plant variety protection system has helped to feed 57 million more people worldwide thanks to improved varieties. Varietal innovations have increased crop performance, generated economic value estimated at 13 billion euros, and boosted employment in the agricultural sector. In addition, environmental advances are made possible by varieties that reduce water consumption, greenhouse gas emissions and the negative impacts of conventional farming practices. At SIVAL, emphasis was also placed on the environmental objectives achieved through varieties that consume fewer inputs.

In financial terms, the Community Plant Variety Office (CPVO), based in Angers, finances its operations solely from fees linked to applications and the maintenance of protection titles. With over 80,000 applications processed since its creation in 1995, this institution currently manages around 31,000 titles in force. Breeders come mainly from the Netherlands, France and Germany. Roses, chrysanthemums, lettuces and tomatoes dominate applications by sector.

In conclusion, although this system has enabled significant progress to be made, a number of challenges remain, such as legislation on new genomic techniques, and the interaction between plant variety protection and other intellectual property systems, such as patents and trademarks.