유럽연합 식물신품종보호제도에 대한 고찰

• 영문명: Study on the Plant Variety Protection System in European Union
• 발행기관: 한국육종학회
• 저자명: 박찬웅(Chan-Woong Park) 최근진(Keun-Jin Choi) 소은희(Eun-Hee Soh) 고희종(Hee-Jong Koh)
• 간행물 정보: 『한국육종학회지』Vol.47 No.3, 173~182쪽, 전체 10쪽
• 주제분류: 농수해양 > 기타농수해양
• 파일형태: PDF
• 발행일자: 2015.09.30

영문 초록

Community Plant Variety Rights (CPVR) system was introduced in 1995 in European Union. This right guarantees the exclusive exploitation rights for a plant variety and is effective in 28 EU member states through a single application to the Community Plant Variety Office (CPVO). The legal basis for the CPVR system is found in the Council Regulation (EC) No 2100/94 (the Basic Regulation). The scope of protection in the Basic Regulation is extended in the same way in UPOV 1991 convention. However, the protection of harvested material is not sufficiently well-defined in the Basic Regulation resulting in uncertainties and loopholes in the CPVR. By exceptions to the breeder’s right provision, farmers may save seed for some species provided that they pay an appropriate royalty to rights’ holder which is lower than that of equivalent certified seed. CPVR holderscurrently find it difficult to obtain royalties for farm saved seed (FSS) use, in part due to the difficulty in requesting information from farmers. The provision for ‘Essentially Derived Varieties’ (EDVs) helps to protect against plagiarism of plant varieties that are too similar to one another. However, there is no standardized protocol or threshold developed by CPVO to determine EDVs. The CPVR law provides a harmonized intellectual property regime for plant varieties at EU level, but enforcement varies widely in practice in Member States. And in some cases dispute resolution mechanisms are not easily accessible. This is considered to be one of the biggest problems inhibiting an effective EU-wide plant variety rights system.

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Community Plant Variety Rights (CPVR) Community Plant Variety Office (CPVO) International Union for the Protection of New Varieties of Plants (UPOV) Distinctness ․ Uniformity ․ Stability (DUS)