The breederâs right treaties and laws
in The functional field of food lawSearch for other papers by Jaap Kras in
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The Netherlands have a breederâs right regulation, named Kweekersbesluit 1941, since 16 December1941. The Dutch were founder of the UPOV (Union Internationale pour la Protection des Obtentions végétales), the multilateral treaty for the protection of new varieties adopted in Paris in 1961 and was subsequently revised in 1972, 1978 and 1991. After every adopted treaty of the UPOV the Dutch law on breeders rightâs had to be ratified by the Dutch parliament and laid down in a national law named Zaaizaad- en Plantgoedwet. Also, the Netherlands plaid an important role in the creation of the EU Regulation 2100/94 for plant breedersâ rights (Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights). Despite the many occasions and opportunities to come to a solid breederâs right, important questions are unanswered. Questions as who is a breeder, what is distinctive or what are minimum distances between varieties, what is an essential derived variety are not clearly answered. And more principal questions about the character of the right and when does a breederâs right begins raises questions. In this small contribution an attempt is made to name the most important issues in breederâs rights and to come up with some suggestions for the discussions on these subjects.