Plant breeders have hailed new plant variety rights legislation as a game-changer for the industry.
The Plant Variety Rights (PVR) Bill, which will replace legislation first designed in 1987, was passed by Parliament on Wednesday.
It was welcomed by Plant Breeding and Research Association general manager Thomas Chin, particularly as it enables breeders to obtain royalties from farmers who save and reuse protected seed.
“After many years of lobbying our domestic plant laws have been finally brought into line with the International Union for the Protection of New Varieties of Plants convention (UPOV 91),” Chin said.
“Plant breeders are looking to take up the benefits under UPOV 91 as soon as possible as it gives rights holders’ strengthened protections to safeguard their intellectual property.”
This will open New Zealand growers’ access to a greater range of new varieties, with the potential to boost their competitive position in world agricultural markets.
The law clarifies the practice of farm-saved seed, and includes regulations to enable breeders to obtain royalties from farmers who save and replant seed of protected varieties.
The use of non-proprietary varieties will not incur any royalty payment.
“Additional funding for breeding programmes from royalties would help incentivise the development of new and improved pasture and arable genetics for farmers and crop end users,” Chin said.
It can take up to 10 years to develop a new variety for commercial release.
“Breeding new varieties with improved traits such as increased yield, more nutritional quality, or better resistance to disease and pests requires substantial investment of financial resources.”
Elsewhere, plant breeders continue their discussions with farmer representatives and government officials to design a royalty administration and collection system.
Federated Farmers arable chair Colin Hurst said growers, while welcoming the new legislation, have now to enter discussions with plant breeders to pave the way forward.
“The big key for us [growers] is we are able to retain the right to keep our seed from one year to the next.
“We have been lobbying the ministry and officials, it has been a long time coming but we are rapt with this outcome.
“Feds has always recognised the value in intellectual property, we just need now to talk with plant breeders and related industry about how the new legislation will be managed.
“At the moment there’s been nothing, now this opens the door enabling ability to have that discussion.”
Hurst said an outcome must be by mutual agreement.
“We will no doubt have some good robust discussion on how this may work into the future.
“We will talk to our growers to work through it with them to achieve an industry agreed outcome,” Hurst said.
