Foreword
In putting forward the government's innovation strategy, the Prime Minister has stressed the need to enhance the innovation system. As the Prime Minister noted, an important element of this is enhancing New Zealand's intellectual property framework.
The provision of plant variety rights can provide an incentive for plant breeders to invest in the development of new and improved varieties. The plant variety rights system also provides an incentive for overseas plant breeders to allow their new varieties to be exploited in New Zealand.
This review of the Plant Variety Rights Act 1987 will contribute towards the government's goal of growing an innovative New Zealand and help to ensure that New Zealand gains the greatest value from its innovations. As part of this review, this discussion document is being released. It considers issues surrounding the granting of plant variety rights, the intellectual property rights granted to plant breeders for their new plant varieties.
Since the Plant Variety Rights Act 1987 was passed, there have been significant advances in plant breeding techniques. There have also been international developments. New Zealand is a member of the International Union for the Protection of New Varieties of Plants (UPOV). In 1991 UPOV member states negotiated a revised version of the UPOV Convention, to which New Zealand is not a party. In light of these developments, there have been concerns that the Act no longer provides adequate protection for new plant varieties.
A number of issues surrounding the granting of plant variety rights have been the subject of considerable public debate, both in New Zealand and overseas. Māori have concerns about the granting of plant variety rights over indigenous plant varieties. Concerns have been expressed about the possible adverse effects of the grant of plant variety rights on such matters as the right of farmers to sow their saved seed without payment of a royalty, biodiversity and food security.
In view of these concerns, the government has decided to seek input from the public before deciding whether any changes should be made to the Plant Variety Rights Act.
We welcome your submissions on the matters discussed in the document as a first step in the government's consideration of these issues.
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Hon Laila Harré
Associate Minister of Commerce | Hon Paul Swain
Minister of Commerce |
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