CIOPORA

CIOPORA is the international community of breeders of asexually reproduced horticultural plants.

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Website Transparency Register Profile

ID: 834378913628-15

Lobbying Activity

Meeting with Sandra Gallina (Director-General Health and Food Safety) and

24 Jun 2025 · Evaluation of the Regulation (EU) 2100/94 on Community plant variety rights

Response to Evaluation of the EU legislation on plant variety rights

12 Mar 2025

Dear Sir, Madam, CIOPORA represents the interests of companies involved in the breeding of asexually reproduced horticultural varieties, IP-management companies, and IP-specialists. We are included in the Transparency Register of the EU, No. 834378913628-15. CIOPORA very much appreciates that the EU Commission now initiated the evaluation of the CPVR legislation and the performance of the CPVO in terms of their effectiveness, efficiency, relevance, coherence and EU added value. Whereas the CPVR-system is one of the most robust in the world for the protection of new plant varieties, it has been operational for thirty years. While, during this period, breeding technologies and global development have significantly advanced, there have not been any pertinent changes in the legislation. Already the final report of the Evaluation of the Community Plant Variety Right Acquis (2011) requested an improvement of the Basic Regulation, pointing out several weaknesses that the system entails. The current CPVR-system does not effectively address the modern developments and challenges of the green industry. For example, the recent decision of the European Court of Justice (CJEU) in case C-176/18 (Nadorcott) has exposed significant loopholes and weaknesses of the provisional protection and the protection of harvested material under the CPVR-system. This decision has confirmed the very limited scope of the provisional protection and of the protection of harvested material. Contrary to the intention of the lawmakers, there is no incentive for breeders to commercialize their varieties before a PBR is granted. Growers and consumers will equally suffer from this development. If breeders cannot exercise control over the harvested material even after protection is granted, they will have to seriously consider whether to bring a variety on the market before the Community Plant Variety Right (CPVR) grant. This limited scope of protection is particularly disadvantageous for vegetatively reproduced horticultural varieties. Globalization allows that these varieties are grown outside the EU, and the products (such as flowers and fruits) are imported into the EU. This is particularly concerning in those territories with low or no IP-protection for the varieties. Breeders are very much concerned that the decision of the CJEU makes it impossible in the future to exercise their rights on the harvested material grown without the breeders consent in foreign countries and imported into the EU. However, this was exactly the purpose of including the provision of harvested material into the CPVRR (see recitals of the CPVRR). The new developments in breeding and trade worldwide on the one hand and the recent jurisdiction on the other hand make it necessary to adapt the legislation to the current situation in the industry. In the Annex we have listed in detail the areas where improvements and clarifications are needed. We remain at your disposal for further discussion. We thank you in advance. Kind regards, Dr Edgar Krieger

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Response to Intellectual Property Action Plan

6 Aug 2020

CIOPORA, the international association of breeders of asexually reproduced horticultural varieties, is deeply concerned that the EU Commission has not included the Community Plant Variety Right (CPVR) System into the EU Action Plan on IP. CIOPORA is the international association of breeders of asexually reproduced horticultural varieties. Since almost 60 years we have represented said breeders in questions of Intellectual Property Protection for their varieties worldwide. CIOPORA is observer in UPOV and in the Administrative Council of the CPVO. We are included in the Transparency Register of the EU. The CPVR-system, already operational for 25 years, has not kept up with the new developments and challenges of our industry. The current legislation entails weaknesses and loopholes that should be immediately addressed by the EU Commission. Already ten year ago the final report of the evaluation of the CPVR acquis asked the EU Commission to work on several of such loopholes, to no avail! The recent decision of the CJEU in the case C-176/18 (Nadorcott) has exposed significant weaknesses regarding provisional protection and the protection of harvested material. This decision has very negative consequences for breeders and the development of innovative new plant varieties, and, ergo, for the society as such. Contrary to the intention of the lawmakers, there is no incentive for breeders to commercialize their varieties before a PBR is granted. Growers and consumers will equally suffer from this development. If breeders neither can control the propagation of variety constituents during the provisional protection nor the material harvested therefrom after the protection is granted, they will have to seriously consider whether to bring a variety on the market before the Community Plant Variety Right (CPVR) is granted. Consequently, the introduction of new varieties will be significantly delayed - the provisional protection for Nadorcott lasted almost 10 years - to the disadvantage of the growers and consumers. The limited scope of protection for harvested material is particularly disadvantageous for vegetatively reproduced horticultural varieties. Because of the globalization these varieties are more and more grown outside the EU and the products (such as flowers and fruits) are imported into the EU. This is particularly concerning for those products grown in territories with low or no IP-protection for the varieties. Breeders are very much concerned that the decision of the CJEU makes it impossible in the future to exercise their rights on the harvested material grown without the breeders’ consent in foreign countries and imported into the EU. However, this was exactly the purpose of including the provision of harvested material into the BR (see recitals of the BR). Breeders constantly develop new innovative plant varieties, which address todays challenges, such as climate change, shortage of water, malnutrition, excessive use of pesticides and shortage of arable land. It is the task of the EU to incentive the further development of new varieties, by providing breeders with an effective protection system.” We sincerely request that the EU Commission initiates a revision of the CPVR Regulation 2100/94.

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