Plant Variety Rights Act 1987 review
We have reviewed the Plant Variety Rights Act 1987.
The Plant Variety Rights Act 1987 (the PVR Act) is now over 30 years old and has only had minor amendments since it was first passed. The plant breeding industry has changed significantly during this time and a review was necessary to ensure the regime is fit-for-purpose today. We also need a regime that protects kaitiaki interests in indigenous plants consistent with the Treaty of Waitangi – a central focus of this review.
Another major driver for the review was meeting our obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which requires us to align our PVR regime with the International Convention for the Protection of New Varieties of Plants (UPOV 91).
The review of the PVR Act began in February 2017 and has been carried out by MBIE. We engaged extensively with industry stakeholders and Māori organisations and individuals throughout the review, including the release of an:
Issues paper [PDF, 1.8 MB] in September 2018
Options paper [PDF, 1.2 MB] in July 2019
Outstanding issues paper [PDF, 1.8 MB] in August 2020
Proposed regulations paper [PDF, 1.6 MB] in July 2021
In 2018 we consulted on an Issues paper
An Issues paper exploring the main issues and opportunities for change in the plant variety rights (PVR) regime was released for consultation over September-December 2018.
We held public/industry meetings and hui for engagement with Māori during the consultation period.
We also released a Māori engagement plan that set out how we planned to engage with Māori at this and later stages of the review.
What we heard during the Issues stage consultation
We heard a wide variety of views at the public/industry meetings and regional hui with Māori last year. We also received 36 written submissions on the Issues paper. These submissions cover a wide range of views, including plant breeders, growers, the legal sector and Māori.
Submitters who wished to remain anonymous are referred to as ‘anonymous submitter’. Redactions have been made in accordance with the Official Information Act 1982 and the Privacy Act 1993 and when content may be defamatory or commercially sensitive. Two submitters requested for their submissions to remain confidential. These submissions have not been published.
In 2019 we consulted on an Options paper
On 9 July 2019 we released an Options paper for consultation. This paper was informed by what we heard during the Issues stage, and by an independent economic analysis of the Plant Varieties Innovation system commissioned by MBIE. This analysis was carried out by the Sapere Research Group.
The Options paper set out options for changing the PVR Act and, where supported by the analysis, indicated preferred options.
What we heard during the Options stage consultation
We received 53 submissions on the Options paper, and held a two day hui in Wellington on 5-6 August 2019. The hui brought together industry stakeholders and Māori organisations and individuals.
Overall, submitters were generally comfortable with the options proposed in the paper, but some changes were made in response to submissions. These are described in the Cabinet paper.
In 2020 we consulted on an Outstanding Issues paper
On 18 November 2019 Cabinet agreed to make change to the PVR Act. These changes give effect to our obligations under the Treaty of Waitangi and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
However a small number of additional policy issues required further consideration and consultation. These include Treaty of Waitangi compliance issues and operational issues relating to the PVR Office.
A discussion document exploring these outstanding policy issues opened for consultation on 10 August 2020 and closed on 5 October 2020.
What we heard during the Outstanding Issues consultation
We received 20 submissions on the discussion paper. Submitters who wished to remain anonymous are referred to as ‘anonymous submitter’. Redactions have been made in accordance with the Official Information Act 1982 and the Privacy Act 1993 and when content may be commercially sensitive.
We engaged through a hui and PVR Technical Focus Group, which were both held virtually due to COVID-19 restrictions. These brought together industry stakeholders and Māori organisations and individuals.
In 2021 we consulted on the proposed PVR Regulations
On 14 July 2021 we released a discussion document for consultation on the proposed regulations. Consultation for this discussion document closed on 1 September 2021.
The current regulations, the Plant Variety Rights Regulations 1988 (the PVR Regulations) are now out of date and are not fit-for-purpose. For example, there are provisions where the PVR Act refers to something prescribed in the regulations, but where the regulations are silent. In addition, the PVR Regulations are silent on many procedural aspects relating to the process for making applications for PVRs, examining and granting the applications, and dealing with issues that arise after grant.
In light of this, MBIE considered that a complete review of the PVR Regulations was required, rather than simply amending the current regulations.
What we heard during the Proposed Regulations consultation
We received 17 written submissions on the discussion paper, which covered a wide variety of viewpoints.
We also engaged with stakeholders on this paper at a PVR Technical Focus Group meeting on 11 August 2021 and held a virtual hui to discuss the list of non-indigenous species of significance on 25 August 2021. Cabinet made policy decisions on the new regulations in November 2021.
What we heard during the consultation on the Exposure Draft of the proposed regulations
We received 17 written submissions on the exposure draft. These submissions came from stakeholders in the plant breeding industry, Māori organisations and the legal sector.
Disclosure of origin requirements in the patents regime
Over September-December 2018 we also consulted on a discussion document considering options for introducing a requirement that patent applications include the origin of any genetic resources and traditional knowledge used in their inventions.
The Bill was reported back to Parliament on 19 November 2021, following consideration at select committee. The Bill was passed by Parliament in November 2022 and received royal assent on 18 November 2022.
Plant Variety Rights Bill(external link) – legislation.govt.nz
Consultation on an exposure draft of the new PVR regulations opened on 13 April 2022 and closed on 20 May 2022. Over the same period, IPONZ consulted on PVR fees to support the new regime.
Following consultation on the exposure draft of the PVR regulations, Cabinet approved the final regulations to support the new PVR regime.
Cabinet has also agreed to a new fee schedule for the PVR regime. The new Fees are contained in Schedule 3 of the Regulations. It is anticipated that the new regulations will come into effect, along with the majority of the provisions of the Bill, on 24 January 2023