We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Addressing the Root of the Problem: Suggested Amendments to the Plant Variety Rights Framework in New Zealand.
- Authors
COULTER, PAIGE
- Abstract
With new developments in technology, the release of the Wai 262 decision by the Waitangi Tribunal and the widespread ratification of the International Convention for the Protection of New Varieties of Plants, the Plant Variety Rights Act 1987 is now outdated and in need of amendment. This article evaluates the current intellectual property protection available for plant varieties in New Zealand under the Act. The Plant Variety Rights Act suffers from major issues such as insufficient protection for breeders, a failure to incorporate Māori concerns as expressed in the Wai 262 claim, a lack of clarity as to the scope of the farm saved seed exception and inconsistency with the Convention. The Act further produces undesirable incentives for the plant breeding industry by reducing biodiversity and discouraging innovation in plant variety development. The current review of the Plant Variety Rights Act must address the interests of all major stakeholders, namely breeders, farmers, Māori and environmental groups. This article argues that New Zealand should amend the Plant Variety Rights Act to extend breeders' rights by protecting essentially derived varieties, while also protecting the farm saved seed exception and Māori customary interests over taonga species. While this will preclude ratification of the Convention, its rigid framework is wholly unsuitable for New Zealand's unique environmental, agricultural and cultural context anyway. Instead, New Zealand should prioritise flexibility to create a plant variety rights scheme that addresses its particular needs over accession to incompatible international instruments.
- Subjects
NEW Zealand; INTELLECTUAL property; LAW reform; LAW; PLANT breeders; CUSTOMARY law; MAORI (New Zealand people)
- Publication
Te Mata Koi: Auckland University Law Review, 2018, Vol 24, p121
- ISSN
0067-0510
- Publication type
Article