4 Amendments of Ivan DAVID related to 2023/0226(COD)
Amendment 190 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) NGT category 1 plants, as well as plants and varieties that may arise and occur naturally or may arise through conventional breeding or are considered to be conventional plants, should not be the subject of a patent but of a plant variety right that allows the use of the so- called breeder's exemption, thereby supporting innovation and creation of new varieties. It should still be possible to use the so-called farmer's exemption for these plants. Protection of the intellectual property of the breeders of these plants should continue to be governed by COUNCIL DECISION of 30 May 2005 approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised in Geneva on 19 March 1991, and Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, as amended.
Amendment 362 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Category 1 NGT plants, as well as plants and varieties that can be produced and occur in nature, or can be produced by conventional breeding, or are considered conventional plants, should not be subject to a patent but rather to plant variety rights. Plant variety rights allow the use of the ‘breeder’s exemption’, which promotes innovation and the creation of new varieties. It should be possible to continue to use the ‘farmer’s exemption’ for these plants. The protection of the intellectual property of the breeders of these plants should continue in accordance with the COUNCIL DECISION of 30 May 2005 approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991 and the Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, as amended.
Amendment 481 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Protection of breeders' intellectual property (1) NGT category 1 plants, as well as plants and varieties that may arise and occur naturally or may arise through conventional breeding or are considered to be conventional plants, should not be the subject of a patent. (2) The procedure laid down in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, as amended, shall be applicable for the purposes of protecting the intellectual property of breeders of NGT category 1 plants, as well as plants and varieties that may arise and occur naturally or may arise through conventional breeding or are considered to be conventional plants.
Amendment 938 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Protection of the intellectual property of breeders 1) Category 1 NGT plants, as well as plants and varieties that can be produced and occur in nature, or can be produced by conventional breeding, or are considered conventional plants, cannot be patented. 2) To protect the intellectual property of breeders of category 1 NGT plants, as well as plants and varieties that may be produced and occur naturally, or may be produced through conventional breeding, or are considered conventional plants, the procedure laid down in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, as amended, shall be applied.