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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



    Fss declaration send nbe with evidence ahp status 11 02 2013
    FSS declaration send (NBE) withevidence (AHP)(Status: 11.02.2013)

    number




    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