Plant Variety Rights Act review
The Government is reviewing the Plant Variety Rights Act 1987.
The Plant Variety Rights Act 1987 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 is necessary to ensure the regime is fit-for-purpose today.
The review is an opportunity to:
- find the right balance between strengthening plant breeders’ rights to encourage innovation (consistent with our international obligations) and preserving the interests of growers, consumers, Māori, and other interested groups such that there is a net benefit to New Zealand as a whole;
- ensure the regime is consistent with New Zealand’s Treaty obligations; and
- modernise the regime consistent (where appropriate) with other intellectual property legislation.
What are we consulting on?
Plant Variety Rights Act 1987 review
An issues paper exploring the key issues and opportunities for change in the PVR regime is now available for comment. We will be holding public/industry meetings and hui for engagement with Māori during the consultation period.
We have also released a Māori Engagement Plan that sets out how we plan to engage with Māori at this, and later, stages of the review.
The consultation period closes at 5pm on Friday, 21 December 2018.
Disclosure of origin requirements in the patents regime
MBIE is also consulting 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.
What happens after issues consultation?
Once the consultation period closes on the issues paper, MBIE will review the submissions received and develop an options paper. This paper will be used to consult on possible options for change to the PVR regime. MBIE will also release a Māori engagement plan for the options stage. We anticipate consulting on this options paper in mid-2019.
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