Piacenza, October 15, 2011 "Innovating Food, Innovating the Law" Conference LAURENT MANDERIEUX (Università Luigi Bocconi, Italy) Plant variety or patentability of plants? Video: http://vimeo.com/31478655

1. The Legal Protection of New Varieties of Plants in the post-TRIPS Environment Laurent Manderieux L. Bocconi University

2. Innovating food and new varieties of plants: different concepts but many key connections Laurent Manderieux

3. Why creating IPRs in new plant varieties? to encourage business plant breeders to invest the resources, labor and time needed to improve existing plant varieties - to benefit the collectivity granting the rights Laurent Manderieux

4. Points of tension in using IPRs - Are IPRs preserving well genetic diversity? - Are IPRs preserving well Farmers’ rights? Are IPRs preserving well traditional knowledge? - Are IPRs well regulating access to plant genetic resources? - Attempts to claim IPRs in unimproved plant genetic resources may support bio-piracy Laurent Manderieux

5. The Legal framework 3 international IPR agreements protect plant varieties and plant breeders’ rights. - Two major treaty systems are under the auspices of the Union internationale pour la protection des obtentions végétales ("UPOV") - The TRIPs Agreement, forming part of the World Trade Organization ("WTO") Laurent Manderieux

6. UPOV Acts adopt sui generis systems of protection (tailored to the needs of plant breeders), with two modalities (1978 vs. 1991) The TRIPs Agreement requires WTO Members to protect new plant varieties using patent rights, a sui generis system or some combination thereof >>> TRIPs leaves states with flexibility>>> National governments have options in choosing the intellectual property regime applicable to plant varieties Laurent Manderieux

7. The 3 existing texts = 3 main approaches for protecting new varieties of plants Cf. Handout n°1 Laurent Manderieux

8. Country backgrounds: 4 current categories - In UPOV 1978 In UPOV 1991 In TRIPS Outside the WTO System Laurent Manderieux

9. Country reactions ( as per the UPOV Secretariat) - In Europe - In the Americas (USA vs. Latin America) - In Africa Laurent Manderieux

10. Future options in using IPRs for new plant varieties (cf. Handout 2) - Options preserving well genetic diversity - Options preserving well Farmers’ rights - Options preserving well traditional knowledge - Options regulating better access to plant genetic resources - Anti-biopiracy clauses Laurent Manderieux

11. The effectiveness of flexibilities in using IPRs for new plant varieties - IPRs in bilateral and other FTAs: towards TRIPS + standards - CBD FAO Treaties and the bargaining power in the Development Agenda Laurent Manderieux

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