Overview about PBR in Estonia Workshop on enforcement on Plant Variety Rights 4.03.2008 Pille Ardel...

Overview about PBR in Estonia

Workshop on enforcement on Plant Variety Rights

4.03.2008Pille Ardel

Plant Production Inspectorate Head of Variety Department

4.03.2008 Workshop on Enforcement on PBR in Tallin AGR 26580

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Topics

History Today’s situation Growing in small scale Information about variety


History


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Plant Variety Rights Act

Passed 9 December 1994

Published RT I, 1994, 23, 385


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Plant Variety Rights Act

Passed 25 March 1998

Entered into force 1 July 1998

Published RT I 1998, 36/37, 553


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UPOV CONVENTION

The Law on the acceptance of the International convention for the protection of new varieties of plants

Passed 15 March 2000Announced President of the Republic with decision nr 754From 23 March 2000 Published RTII, 05.04.2000, 7, 42

Estonia is the member of the International convention for the protection of new varieties of plantsfrom 24 September 2000


Today’s situation


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Plant Propagation and Plant Variety Rights Act

Passed 8 December 2005

Entered into force 1 January 2006

Published RTI 2005, 70, 540; RT I 2007, 6, 32; RT I 2006, 28, 211; RT I 2007, 6, 32


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Government of the Republic of Estonia Regulation

The statute of the Plant Varieties Register

Government of the Republic of Estonia Regulation No. 52 of 28 February 2006

Entered into force 6 March 2006

Published RTI, 03.03.2006, 11, 77


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Regulations of MoA

The format for the application, the information to be submitted in the application, a list of documents to be annexed to the application and the procedure for application for the registration of a variety Regulation of MoA No 17 from February 7th 2006 Published RTL, 23.02.2006, 18, 319


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Regulations of MoA

The procedure for variety listing and the list of plant species subject to variety listing; the procedure for carrying out the registration trials and trials for value, cultivation and use of varieties; the minimum requirements for the characteristics of agricultural plant and vegetable species and the requirements for maintenance checks of varieties carried out in the course of supervision Regulation of MoA No 38 from March 24th 2006Published RTL, 07.04.2006, 30, 529


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Regulations of MoA

The list of the plant species for what the growing of the seed and propagating material of protected varieties is allowed in small quantities

Regulation of MoA No 37 from March 24 2006

Published RTL, 07.04.2006, 30, 528


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PBR in Estonia

Ministry of Agriculture

Plant Health Department Plant Production Inspectorate

Variety Department


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The holder’s exclusive right

Is to: produce market import export possess the seed and propagating and

cultivating material of the variety for the purposes listed before

or authorise other persons for those purposes


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A protected variety may be used without authorisation by the holder of rights :

in scientific research and in official trials carried out for the purposes of comparison of varieties

as parental material for breeding new varieties

for personal use with no commercial purposes


Growing in small scale


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The Law § 36 (2) in order to obtain agricultural products, and

to produce such seed and material for use within its own enterprise without having to enter into a licence agreement and without paying a licence fee

except for the seed and propagating material of hybrid and synthetic species


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where up to 10 hectares of arable land is used for growing the agricultural species

up to 1 hectare of arable land is used for growing potatoes

grassland, which are in use or are intended for use for a period over five years shall not be included in the arable land used for growing small quantities of plants


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The list of species

The list of the plant species for what the growing of the seed and propagating material of protected varieties is allowed in small quantities

Regulation of MoA No 37 from March 24 2006


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Species

FODDER CROPS chick pea yellow lupin lucerne field pea field bean common vetch


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Species

OIL AND FIBRE CROPS swede rape turnip rape flax / linseed


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Species

CEREALS oat barley rye triticale wheat

POTATO


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Growing in bigger scale

An undertaker must pay a reasonable fee to the holder of the plant variety right

Such reasonable fee must be significantly lower than the licence fee payable by a producer of the seed of the variety of the same plant species or by a supplier engaging in the production of the propagating material of the variety of the same plant species


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The size of the reasonable fee

shall be agreed on betweenthe holder of rights

and

the undertaker

has not been agreed a fee which does not exceed one half of the licence fee

payable by a producer of the seed of the variety of the same plant species or by a supplier engaging in the production of the propagating material of the variety of the same plant species


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Keeping of records

Who?An undertaker growing small quantities

An undertaker growing bigger quantities

For what?the quantities of seed or propagating material produced from the protected variety


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Providing information

To whom?inform the holder of the plant variety right

the registrar


Information about variety


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Under PBR

In total 84 varieties

in process 11 varieties

From Estonian applicants 64,5 From abroad 19,5


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Under PBR

Species No of Varieties

Apple 7

Plum2

Pear 1

Raspberry 3

Cranberry6

Black currant 4

Fruit Crops in Total 23

Clematis L. 6


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Under PBR

SpeciesNo of

VarietiesEstonian breeder

Foreign breeder

Cocksfoot 1 0 1

Meadow fescue 1 1 0

Red fescue 2 2 0

Easten goat’s rue 1 1 0

Italian ryegrass 1 1 0

Westerwold ryegrass 1 0 1

Perennial ryegrass 2 2 0

Lucerne 3 2 1

Reed canary grass 1 1 0

Timothy 2 2 0

Smooth-stalked meadowgrass 1 1 0

Red clover 2 2 0

White clover 1 1 0

Total 19 16 3


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Under PBR

SpeciesNumber of varieties

Estonian breeder

Foreign breeder

Oats 4 2 2

Rye 1 1 0

Wheat 5 3 2

Turnip rape 7 0 7

Swede rape 1 0,5 0,5

Field pea 2 0 2

Garden pea 2 2 0

Field bean 2 2 0

Potato 6 6 0


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Applicants

ApplicantVarieties protected

Jõgeva SAI 31

Eesti Maaülikool 15

Svalöf Weibull AB 10

Norddeutsche Pflanzenzucht Hans-Georg Lembke KG 6

Nigula looduskaitseala 6

Aili Kivistik 6

Boreal Plant Breeding Ltd. 3

Asta Kask 3

Eesti Maaviljeluse Instituut 1

Nordsaat Saatzucht GmbH 1

Malopolska Hodowla Roslin HBP Spolka z.o.o. 1

Jõgeva SAI/Svalöf Weibull AB 1

Total 84


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PBR in Estonia


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36


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Contact:

Plant Production Inspectorate

Variety Department

71020 Viljandi

Vabaduse sq 4

Phone/fax: 43 34 650

Phone 43 33 946

E-mail: [email protected]


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Thank You for attention!

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