Net Benefit of the Proposal
Plant Breeding Industry
The enhanced rights provided for PVR owners will provide increased revenue for plant breeders, and, at least for local plant breeders may encourage them to increase (or at least continue) their plant breeding activities.
The proposed changes will impose no significant additional costs on the plant breeding industry. As with existing PVRs, the enhanced PVRs will be enforced through civil litigation, the cost of this not being dependent on the nature of the rights being enforced.
The changes to the definition of "owner" should not impose any additional costs on PVR applicants, they are already required to provide evidence of the origin and breeding of a new variety before a PVR is granted.
The new requirements for denominations should impose no additional costs on PVR applicants. The denomination identifies the variety, so it can be distinguished from other varieties, but serves no other purpose. If a proposed denomination is refused, then PVR applicants can simply choose another one.
Growers and Other Users of Protected Varieties, Society
An increased incentive for local plant breeders to develop new varieties, and for foreign breeders to allow their new varieties to be exploited here will help to ensure that users of protected varieties continue to have access to new and improved plant varieties. This will assist in retaining New Zealand's competitive position in world agricultural markets, and contribute to New Zealand's economic development. Consumers may also benefit from a greater availability of improved varieties of fruit and vegetables. Home gardeners may also benefit from the availability of a wider range of ornamental plants.
The enhanced rights provided for plant breeders may mean that growers and users pay higher prices for protected varieties. The prices paid by consumers for protected varieties of fruit and vegetables may also increase. It is not possible to quantify any price increase, although it is likely to be small given the range of non-protected varieties already available on the market.
The prime benefit of the change to the definition of "owner" is that it goes some way towards meeting concerns expressed by Māori over the granting of intellectual property rights over indigenous plants.
Allowing the Commissioner of Plant Variety Rights to refuse proposed denominations that may be offensive to a significant section of the community, including Māori, will go some way towards meeting concerns expressed by Māori regarding the commercial exploitation of Māori words and imagery.
Government
The requirement for the Commissioner to consider proposed denominations for possible offensiveness may impose some additional cost on the Plant Variety Rights Office, but, given the small number of denominations involved (probably no more than 5-10 per year) the cost is unlikely to be significant.
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