Plant variety protection under the UPOV 1991 Act – Provisions, Loopholes and Possible Remedies

The UPOV 1991 Act is widely considered a key milestone in establishing a sui generis system of Plant Variety Protection across the world. In 2021, thirty years after its adoption, 60 countries have joined the 1991 version of the UPOV Convention by depositing their instruments of accession that fulfil the minimum of the 1991 Act’s requirements. While progressive for its time, the UPOV 1991 framework may no longer accommodate the present-day developments of the global horticulture. Following the massive globalization of horticultural value chain, the UPOV system may benefit from a critical evaluation from the contemporary breeders’ perspective that CIOPORA represents. This article will highlight the main provisions of the UPOV 1991 Act and pinpoint the loopholes that may have detrimental effects on protection of breeders’ rights, hence jeopardizing the incentives for innovation.