b"STOP PENALIZING BREEDERS FOR THEIR OWN SUCCESSWHY OUTDATED NOVELTY RULES IN SOME UPOV COUNTRIES THREATEN INNOVATIONAND HOW LEGAL CLARITY ON HYBRIDS AND PARENT LINES CAN FIX IT.BY: MARCEL BRUINSTHE INNOVATION GAP IN PLANTHYBRIDPARENT LINE: WHY IT MATTERS VARIETY PROTECTION UNDERSTANDING THE DISTINCTIONIn a number ofThe Plant Variety Protection (PVP) system is a cor- Hybrid varieties and their parent lines are genetically UPOV membernerstone of agricultural innovation, enabling breedersand morphologically distinct entities. They serve dif-countries, outdatedto recoup investments and reinvest in new, improvedferent functions, meet different breeding goals, and interpretationsvarieties. But in a small number of countries, an unin- importantly, can qualify for PVP independently. So, of the noveltytended gap in legal interpretation threatens to erodealso from a legal standpoint, the parent lines used to requirementthese protectionsparticularly when it comes tocreate a hybrid are not the same as the hybrid itself. A mean thathybrid varieties and their parent lines. hybrid results from crossing two or more parent lines commercializingIn 11 UPOV member countries, the com- and often shows characteristics not found in either a hybrid varietymercialization of a hybrid variety is interpreted asparent. In short: selling or otherwise disposing the may invalidatedestroying the novelty of its parent lines, even whenhybrid is not selling or disposing its parent lines.novelty for itsthose lines have never been marketed or disclosed. parent linesevenThis means that these countries do not follow UPOV if those lines wereguidance (see also text box below). The interpretation never sold. Thisof these countries is not only out of step with breed-misinterpretationing realitiesit also isolates these countries from underminesthe majority of UPOV members, who already applyPARENT 1 PARENT 2breeders rights,a more accurate and innovation-friendly view.discouragesXinnovation, and is out of step with global practice.Guidance on Novelty in the UPOV 1991 It's time forConventionlegal clarity andNoveltyalignment. (1) [Criteria]The variety shall be deemed to be new if, at the date of filing of the application for a breeders right, propagating or harvested material of the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the varietyThe guidance on novelty in the UPOV 1991 Convention refers solely to the variety and does not refer to any parent lines. So, the novelty requirement shall be restricted to the variety only, and not its parent lines. (underlining above is done by author). In addition, the parent lines are neither propagating, nor harvested material of the hybrid variety. F1 HYBRIDHybrid and parent lines are clearly distinguishableand independently eligible for PVP.26ISEED WORLD EUROPEISEEDWORLD.COM/EUROPE | NOVEMBER 2025"