• Home
• Regulation
• Intellectual Property Policy
• Plant Variety Rights
• Plant Variety Rights Act
• Summary of Submissions
• Appendix 2

• Intellectual Property Policy

• Plant Variety Rights

• Plant Variety Rights Act

• Discussion Paper
• Summary of Submissions
• Cabinet Papers
• Regulatory Impact Statement
• Draft PVR Amendment Bill

• Why Review the Plant Variety Rights Act 1987?
• UPOV 91
• Implications for New Zealand of Extending the Rights Granted to Plant Breeders
• Māori Concerns

Why Review the Plant Variety Rights Act 1987?

1. Apart from the possible problems identified [in section 3 of the discussion paper], are there any other problems with the Act? If so, what are they?
2. If there are no other problems with the Act, should be amended at this time? If so, why?

UPOV 91

3. Should the Act be amended to enable New Zealand to ratify UPOV 91? If so, why?
4. If it were decided that New Zealand should not ratify UPOV 91, should the Act be amended to incorporate any of the provisions of UPOV 91? If so, which provisions should be incorporated in the Act?
5. Are there any other matters, not provided for in UPOV 91, which could be incorporated into the Act?

Implications for New Zealand of Extending the Rights Granted to Plant Breeders

6. If New Zealand were to increase the rights available to plant breeders, would there be any disadvantages to New Zealand. If so, what would they be?
7. Would there be any benefits to New Zealand in increasing the rights available to plant breeders? If so, what would they be?
8. Should New Zealand continue to allow unrestricted use of farm saved seed? If not, why not?
9. If New Zealand continues to allow the use of farm saved seed, which of the options ii - iv should be adopted? Why?
10. If either of options ii or iii were adopted, which crops should be subject to the requirement to pay a royalty? Why?
11. Should the compulsory license provisions be amended to enable PVR owners to exercise rights over the produce of their protected varieties? If so, why? If not, why not?

Māori Concerns

12. How should the Act be amended to take account of Māori concerns regarding the granting of proprietary rights over indigenous varieties?
13. Should there be specific consultation with Māori before a PVR is granted on a new plant variety derived from a native variety? If not, why not?
14. If there were to be specific consultation with Māori, what form should this take? Should a Māori advisory committee be established? How would such a committee be consitituted?
15. Who should initiate the consultation? Should the onus be on PVR applicants to consult Māori, or should it be on the Crown, or a combination of both?
16. Should the Act be amended to give Māori specific standing to object to the grant of a PVR or to apply to have a grant cancelled?