Octgober 5, 2021

The new APBREBES study “Searching for flexibility - Why parties to the 1978 Act of the UPOV Convention have not acceded to the 1991 Act” explores the debates around plant variety protection (PVP) in nine countries that are parties to UPOV 78.

The study reveals the quest of countries for flexibility in their regulation of PVP – flexibility severely restricted under UPOV 1991.

The Author demonstrates that by far the most contentious aspect of UPOV 1991 has been its implications for farmers’ rights and peasant seed systems.

Countries that have not acceded to the 1991 Act were trying to avoid exacerbating existing conflicts with other domestic and international legal norms, the study found.

This highlights the importance of retaining the flexibility to adapt PVP laws to national needs and circumstances and therefore to refrain from acceding to UPOV 91.

English: Searching for flexibility - Why parties to the 1978 Act of the UPOV Convention have not acceded to the 1991 Act

Español: En busca de flexibilidad: por qué las partes en el Acta de 78 del Convenio de la UPOV no se han adherido al Acta de 91

Português: EM BUSCA DA FLEXIBILIDADE: Por que países partes do Ato de 1978 da Convenção da UPOV não aderem ao Ato de 1991

Published: October 5, 2021