Plant Variety Rights Act Review

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Plant Variety Rights Act Review

Updated 20 August 2020

A review of the Plant Variety Rights (PVR) Act 1987 is currently underway.

The plant breeding industry has changed significantly over the last 30 years, and this review is necessary to ensure that the PVR Act is fit-for-purpose going forward. Although a review of the PVR Act 1987 was first initiated in the early 2000s, it was put on hold in anticipation of the release of the Waitangi Tribunal’s Wai 262 report, which made a number of recommendations affecting the PVR regime. It was further delayed by international negotiations in the Trans-Pacific Partnership Agreement, which has since morphed into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Under the CPTPP, New Zealand is now required within three years to modernise the PVR regime to be consistent with the updated international agreement on plant variety rights (UPOV 91).

Consultation

From 17 September to 21 December 2018 the Ministry of Business, Innovation and Employment (MBIE) consulted on an Issues Paper. MBIE also held regional hui for engagement with Māori, as well as public and industry meetings around New Zealand. More information on the consultation may be found on the Plant Variety Rights Act 1987 review section of the MBIE website.

From 9 July to 9 September 2019, MBIE released an Options Paper for consultation. This paper was informed by the issues stage and by an independent economic analysis of the Plant Varieties Innovation system commissioned by MBIE. The Options Paper set out options for changing the PVR Act and, where supported by the analysis, some preferred options. Further feedback was received via this consultation, and via a PVR hui held in Wellington in August 2019.

On 18 November 2019, Cabinet agreed to make changes to the PVR Act. These changes give effect to our obligations under the CPTPP and the Treaty of Waitangi.

On 10 August 2020, MBIE released a discussion document for consultation. This document addresses outstanding policy issues relating to compliance with the Treaty of Waitangi, as well as administrative/operational matters with the Plant Variety Rights Office. Submissions on this discussion document are currently open, and will close at 5.00pm on Monday, 21 September 2020.

Next steps

Work toward drafting new PVR legislation has now commenced. Public consultation is now ongoing as to the small number of additional policy issues that require further consideration. These include Treaty of Waitangi compliance issues and operational issues relating to the PVR Office. A discussion document exploring these outstanding issues is currently open for public consultation until 21 September 2020.

New legislation is expected to be introduced to Parliament in time. Members of the public will have a further opportunity to make submissions on the Bill at the select committee stage.

How to stay informed

IPONZ will continue to provide updates as more information becomes available.

To receive early notice of updates, subscribe to MBIE’s PVR Act Review newsletter. If you have any particular questions in relation to this review, you may also email PVRActReview@mbie.govt.nz.

For more information, please visit the Plant Variety Rights Act 1987 review section of the MBIE website