b"MYTH: DIVERSITY IS LOST AS A RESULT OF THEKorea, who showed that since the introduction of PBR in the NEED FOR STABILITY AND UNIFORMITY country, there had been a strong increase of varieties devel-FACT:For a breeders right to be granted, a variety must beoped by individual Korean breeders. Many individual breeders sufficiently uniform, and stable. These characteristics are alsocame out and lots of varieties had been developed in the 15 years sought after by most farmers and consumers. after PBR introduction. The newly developed varieties provided The uniformity requirement makes certain that the varietyadditional income to both the farmers, as well as the breeders.can be defined to the extent necessary for the purpose of protec-tion. The variety needs to be sufficiently uniform, indicating thatMYTH: VARIETIES THAT AREN'T COVERED BY the uniformity criterion does not seek absolute uniformity. ThePLANT BREEDERS RIGHTS ARE IN SOME WAY STILL stability criterion, like the uniformity requirement, was createdGOVERNED BY THE UPOV CONVENTIONto ensure that the relevant characteristics of the variety remainFACT:Varieties that are not or are no longer protected by plant unchanged after repeated propagation to establish the identitybreeders rights are not governed by the UPOV system. This is a of the variety. fundamental benefit sharing aspect of the UPOV system. Once Diversity is not lost because of this. Rather the opposite, asthe right has expired, been surrendered, or revoked, the variety the UPOV approach, promotes the breeding of novel plant vari- is considered public domain. As a result, a farmer can replant eties, and as such increased diversity. It encourages breeders toa wide variety of unprotected plants without the breeders con-take risks and try new approaches. The breeders exemptionsent. To understand the full picture in each UPOV Contracting in the UPOV Convention makes it possible for plant diversity toParty, it is required to reference the applicable national (or be used for future breeding activities, because any actions takenregional) legal framework.with the aim of breeding other varieties, are not subject to any restrictions by the breeder. This reflects the fact that havingMYTH: THERE ARE NO BENEFITS TO PLANT access to protected varieties supports the greatest advance- BREEDERS RIGHTS OR TO UPOV MEMBERSHIPments in plant breeding and, thus, maximizes the utilization ofFACT:Several reports have indicated that both the implementa-genetic resources for societal benefit. tion of the UPOV Convention in the form of a national or regional Additionally, neither the application of laws and policiessystem for plant breeders rights, and membership of UPOV are pertaining to the use of unprotected varieties nor the usageimportant for countries to enjoy the full benefits which plant of unprotected varieties themselves are governed by the UPOVbreeders rights are able to generate. The introduction of the system. UPOV system of plant breeders rights and UPOV membership were found to be associated with:MYTH: UPOV ONLY SUPPORTS PLANT VARIETIESa) increased breeding activities,THAT HAVE BEEN COMMERCIALLY PRODUCEDb) greater availability of improved varieties,AND ARE TARGETED AT INDUSTRIAL FARMERS c) increased number of new varieties,FACT:The UPOV system seeks to support and boost new plantd)diversification of types of breeders (e.g., private breeders, breeding for all sorts of farmers; ranging from small to large, andresearchers),conventional to organic. Examples of how plant breeders' rightse) increased number of foreign new varieties,have been utilized by the public sector to transfer new varietiesf) encouraging the development of a new industry compet-to both commercial and resource-poor farmers were presenteditiveness on foreign markets, andat the Seminar on Plant Variety Protection and Technologyg)improved access to foreign plant varieties and enhanced Transfer: The Benefits of Public-Private Partnership (https:// domestic breeding programs.www.upov.int/edocs/pubdocs/en/upov_pub_357_3.pdf ) and the Symposium on the Benefits of Plant Variety ProtectionMYTH: PLANT BREEDERS RIGHTS AND THE UPOV for Farmers and Growers (https://www.upov.int/meetings/en/ SYSTEM MAKE FARMERS DEPENDENT ON HIGH details.jsp?meeting_id=26104).LEVELS OF INPUTSIn the latter, Dr. Vuyisile Phehane of the AgriculturalFACT:This is not the case. None of the national or regional plant Research Council in South Africa, showed that through PBRbreeders rights systems nor the UPOV system makes farmers of their publicly bred varieties, they were able to enhance ben- choose any particular varieties or farming method. The develop-efit sharing, creating an effective technology transfer, aimed atment of new varieties that are adapted to the needs of farmers agricultural development and growth. And through PBR theyis encouraged by the UPOV system. If plant breeders were to also enabled greater competitiveness of the agriculture sector,develop varieties that do not meet the needs of farmers, the contributed to food security and incentivised innovation. farmers would not grow such varieties and the plant breeders Or Young-Hae Kim, a farmer/breeder from the Republic ofwould not receive any income.EUROPEAN-SEED.COMIEUROPEAN SEED I 17"