ABSTRACT
This chapter compares the framework of protection provided by International Union for the Protection of New Varieties of Plants (UPOV) 1991 with Community Plant Variety Rights (CPVR) 1994 in respect of living plant material. It contrasts the protection offered under the Biotechnology Directive 1998. UPOV is an intergovernmental organization with headquarters in Geneva, Switzerland. The rationale underlying the exceptions is that plant varieties are best protected by specific national legislation, or, alternatively, by virtue of the UPOV Convention 1961. Protection of new varieties of plants was important not only for the development of agriculture in the territory of Member States but also for safeguarding the interests of breeders. Member States may restrict the exercise of the right by national legislation. By contrast, the Directive contains an absolute prohibition on patenting plant varieties; Member States retain no discretion in this regard.
