UPOV WORKSHOP ON LAWS
On December 6th to 8th a workshop on drafting legislation in accordance with the UPOV Convention was held in Geneva, Switzerland. This meeting was organized by the International Union for the Protection of New Varieties of Plants (UPOV) in cooperation with the United States Patent and Trademark office (USPTO) and the assistance of the Ministry of Agriculture, Forestry and Fisheries of Japan (MAFF).
Although the focal point agency in Antigua and Barbuda is the Intellectual Property representing our Twin Island state were Dr. Janil Gore-Francis, Chief Plant Protection Office within the Ministry of Agriculture, Fisheries and Barbuda Affairs (MAFBA) and Ms Deniscia Thomas, Chief Parliamentary Counsel, within the Ministry of Legal affairs, Public Safety and Labour.
The workshop covered matters such as:
· Recent developments in UPOV
· The benefits of the UPOV Plant Variety Protection System
· Drafting legislation in accordance with the 1991Act of the UPOV Convention and becoming a UPOV member, examination of the application
· Examination of Novelty
Scope of breeder’s rights
· Exceptions to breeder’s rights
· Examination of Denominations
· Implementing the UPOV system
· The relationship of the UPOV Convention with other International Treaties
· PVP Commercialization
· Matters after the grant of the breeder’s rights (Nullity, cancelation etc.)
· Enforcement of Plant Breeder’s Rights
Additionally, the representatives, Dr. Gore-Francis and Ms. Thomas, had the opportunity to meet individually with the members of the UPOV Office to review the 2007 draft of the Plant Variety Protection Legislation for Antigua and Barbuda.
According to Dr. Gore-Francis, the objectives of the workshop were fully met since the activity (i) served to clarify the concept and importance to local farmers of plant variety protection as well as (ii) provided a forum to learn from the experiences of the other participating countries which were all in various stages of addressing the issue of plant variety protection.
Besides Antigua and Barbuda, other countries represented from the region were Barbados and Jamaica.