Proposed changes to UPOV Explanatory Notes on Essentially Derived Varieties

Overview

IP Australia is participating in the International Union for the Protection of New Varieties (UPOV) working group established to consider revisions to the Explanatory Notes on Essentially Derived Varieties under the 1991 Act of the UPOV Convention. The proposed changes, drafted by the UPOV Office at the request of the working group, would change the guidance on the provisions of the UPOV Convention concerning essentially derived varieties (EDVs).

The guidance is to assist UPOV members and not binding, therefore, we sought stakeholders views on adopting it. From 1 July 2021 to 6 August 2021 we ran a targeted consultation asking if Australia should consider adopting the approach in the revised explanatory notes if the proposed changes are adopted by UPOV. 

Please refer to IP Australia’s Policy Register for further information.