To Strengthen or Not to Strengthen: Uncertainty over the Future of Plant Variety Rights in New Zealand

Abstract

A plant variety right (‘PVR’) is a collection of exclusive rights given to the owner of a new variety of plant that is analogous with other intellectual property rights, such as patents or copyright. Plant variety rights are subject to considerable debate internationally due to the significant effect that they can have on agriculture, the livelihood of farmers and plant breeders, as well as the significant effect they can have on the development and level of biodiversity of a nation’s precious environmental resources. However there is little written from a New Zealand perspective. This is surprising given that New Zealand is currently at a turning point in terms of how to develop its PVR law. With the result of the Maori intellectual property Wai 262 claim due to be released this year, in 2010, and the pressure from other countries to ratify the latest international convention on PVRs, there is much to consider if New Zealand is to create a PVR system that can adequately enhance its economic, social and cultural development, and balance the many competing interests. This paper seeks to raise and analyse what some of the options for reform are, and what the consequences of these options for reform may be.