plant variety protection and royalty collection in germany
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Plant Variety Protection and Royalty Collection in Germany. Meeting of AMSEM on 19.02.2013 Klaus Schlünder. Plant Variety Protection. Definitions in German PVP Act. Variety distinctive, sufficiently homogeneous and stable collection of plants Harvested crops Propagation material

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plant variety protection and royalty collection in germany

Plant Variety Protection and Royalty Collection in Germany

Meeting of AMSEM on 19.02.2013

Klaus Schlünder

definitions in german pvp act
Definitions in German PVP Act
  • Varietydistinctive, sufficiently homogeneous and stable collection of plants
  • Harvested crops
    • Propagation material
    • Plants and parts of plants including seeds intended for the cultivation of plants or other cultivation purposes→ propagation material by nature not fit for other than propagating purposes (e.g. beet seed)→ propagation material by choice also fitting for other purposes (consumption)
    • Farm saved seeduse of crops harvested on the own farm as seed
    • Placing on the marketsell or offer free of charge or store with a view to offering or selling or making available to others

BDP/KWS

objectives of plant variety protection pvp
Objectives of Plant Variety Protection (PVP)
  • Re-funding of the plant breeders´ investments
  • Incentive for innovation in plant breeding
  • Legal basis for licence and multiplication agreements
  • Conferring an injunctive right in case of infringement
  • Providing access for further research and breeding
  • Basis for an efficient and competitive agriculture

BDP/KWS

farm saved seed fss obligations of processors
Farm Saved Seed (FSS) – Obligations of Processors
  • Ensure identity of material processed
  • Notify seed treatment on request of the holder of PVP
  • Infringements lead to:
    • Preventive injunction / forbearance commitment
    • Claim of damages by holder of PVP

BDP/KWS

farm saved seed obligations of farmers
Farm Saved Seed – Obligations of Farmers
  • Notify use of FSS on request of the holder of PVP
  • Pay a fee for the use of farm saved seed
  • Small farmers exempted from payment
  • No FSS if
    • Seed used outside own farm
    • Purchased seed
  • Infringements lead to:
    • A preventive injunction / forbearance commitment
    • Claim of damages by holder of PVP

BDP/KWS

licencing system for cereals
Licencing System for Cereals

50 PVPR owners organized in 14 distribution centres

seed multiplication licence

grants licence for seed multiplication and distribution

pay licence fee

ca. 5800 seed multipliers

BS

deliver basic seed

ca. 100 distribution and organization companies

produce certified seed

produce certified seed

deliver basic seed

ca. 250 sub-distribution and organization companies

pay licence fee

notifys amounts of basic seed / certified seed sold

sale of certified seed

STV

checks adherence to terms of contract

BDP/KWS

strategy to promote certified seed ratio
Strategy to promote certified seed ratio

Partners/Network

Seed Quality

Communication/PR

Improved certified seed ratio

Pricing/value for money

Seed Certification

Black Market/

License Agreement Compliance

Organisation/

Structure/Agree-ments

Farm Saved Seed

BDP/KWS

stv founded in 1952
STV – founded in 1952

4 staffmembers

blackmarketcontrol

andlicensecontract

monitoring

(Bonn)

7 staffmembers

farmsavedseed

royaltycollection

(Bonn)

7 fieldstaff

(Germany)

9 staffmembers

farmsavedseed

royaltycollection

(Gießen)

BDP/KWS

core activities of stv
Core activities of STV
  • Monitoring of license agreements compliance / Contract development
  • Fighting black market
  • Contract management, withdrawal for own use
  • Farm saved seed remuneration collection on behalf of the PVR owners
  • Distribution of rebates for purchases of certified seed
  • Services for the seed industry

- Centralised management of all license agreements

- Individual investigations for breeding companies

- Quality assurance activities for certified seed

 Seed sampling

 Certification of seed treatment plants (planned)

BDP/KWS

funding of stv
Funding of STV
  • Start of Reporting Year
    • STV drafts an annual budget
    • Breeders pay their annual contributions on a fiduciary account of STV (prorata multiplication area or variety turnover)
    • STV annual expenses financed from fiduciary accounts
    • Funds resulting from STV audits and farm saved seed royalty collection credited to fiduciary accounts
  • End of Reporting Year
    • STV makes account of actual expenses
    • reimburses breeders contributions
    • bills actual expenses to breeders
    • distributes returns on STV audits and farm saved seed royalty collection to breeders

BDP/KWS

funding of stv1
Funding of STV

Breeders

Fiduciary account

Cereals

Fiduciary account

Potato

Fiduciary account

Pulses

Fiduciary account

Farm Saved Seed

STV

Black Market & License Agreement Compliance

Farm Saved Seed

BDP/KWS

collection of farm saved seed remuneration
Collection of Farm Saved Seed Remuneration

Explanatory Note and Farm Saved Seed Notification Form

Notification Reminder

Farm Saved Seed Notification Form sent back to STV

Request for notification sent by lawyer

Sending of Invoices and Credit Advice

Filing an action for notification

Fee Collection

BDP/KWS

example of timelines collection of fss remuneration
Example of timelines – collection of FSS-Remuneration
  • April 2013

STV sendsdeclaration form andlistofvarietiesconcernedtofarmers

      • Sowing in autumn 2012/spring 2013
      • Cereals, Pulses, Potatoes
  • June 2013 Farmer sendsdeclaration form to STV
  • August 2013 STV generatesfarmsavedseedinvoicesandsendsthemtofarmers
  • September 2013

Farmer paysinvoice

  • June 2014

STV distributescollectedfarmsavedseedroyaltiestobreeders

BDP/KWS

better regulations
Better Regulations

Discussions and possible impacts

BDP/KWS

better regulations discussions
Better Regulations Discussions
  • Options: delete, sustain, modify
    • Under the „modify“ scenario:
      • Horizontal Regulation
      • Crop specific technical annexes
      • Harmonisation of DUS
      • Harmonisation of VCU
      • Enhanced envolvement of private bodies in certification
      • Delete exemptions
      • Improve definitions

BDP/KWS

seed certification
Seed Certification

Marketing

Closure (of bags)

Seed certificate

Quality check

Sample taking

Field inspection

Application / Registration

Seed trader 

bulk deliveryto farmer

Seed processor

Certification body

 to breeder, MD, processor

Official (or private accredited labs)

(Official or) private

Official (or private)

Breeder (MD company) 

 to certification body

BDP/KWS

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