Plant variety protection, which also applies to grape varieties, safeguards intellectual property and protects the enormous development costs associated with plant breeding from unauthorised imitation. It is a form of industrial property right or intellectual property right, and not a patent. In 1961, UPOV, based in Geneva (Switzerland), was founded to protect plant varieties. It provides the international legal framework for plant variety protection. All member states have national plant variety protection authorities. The technical examination of new varieties is not carried out by UPOV itself, but by recognised national examination authorities.
Since 1994, there has also been a Community plant variety protection system within the European Union. Matters relating to European plant variety protection are handled by the CPVO (Community Plant Variety Office), based in Angers (France). A plant variety right granted by the CPVO applies uniformly in all Member States of the European Union and exists alongside the national protection systems.
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Markus J. Eser
Weinakademiker und Herausgeber „Der Weinkalender“