Memorandum prepared by the Office of UPOV on the genetic use restriction technologies

This report from UPOV to the Secretariat of the Convention on Biological Diversity (CBD) examines the effect of genetic use restriction technologies (GURTs) on the sharing of benefits arising out of new plant varieties in comparison to the protection provided by the UPOV Convention.

Not surprisingly it argues that the introduction of a legal framework according to the UPOV Convention offers adequate protection of the rights of breeders and encourages the breeding of new varieties of plants for the benefit of society. More controversially it claims that, should a State fail to establish an effective and well balanced system for the protection of new plant varieties, breeders may need to resort to other mechanisms to assure their economic interests, such as GURTs. These, they argue, may have considerable disadvantages for society.

Among the disadvantages UPOV outlines are:

• GURTs may not be limited to one specific variety.
• GURTs does not allow any exception for farmers saving seeds
• GURTs do not provide for research and breeder’s exemptions, thus cannot ensure sustained breeding.
• Varieties containing GURTs may never become freely available for reproduction
• Under GURTs there is no provision for public interest, allowing Government access to varieties under particular circumstances
• GURTs may lack transparency, in the sense that the users can be left uninformed of the biological nature of the variety in use.

NOTE: This original report was withdrawn by UPOV and has been replaced with a version removing specific criticisms of GURTs. The new version says only that the “UPOV Convention provides an effective and well balanced system for the protection of new plant varieties which assures the breeders interest. Where effective systems of protection are in place, breeders may not have to rely on other systems of protection.”.