Comparative analysis of methodological approaches to morphological description of plant varieties in Ukraine and European Union countries
Keywords:EU documents in the field of protection of rights to plant varieties, UPOV technical documents, CPVO regulations, directives and protocols, methods, botanical taxon
Purpuse. To develop scientific and methodological principles of legal protection of plant varieties in Ukraine in accordance with the requirements of the Community Plant Variety Office (CPVO) and the European Union (EU), to analyze the relevant methodological and legal norms and approaches aimed to improve the system of legal protection of plant varieties as intellectual property objects identified during the expert determination the criteria for distinctiveness, uniformity and stability (DUS-test).
Results. Determination of the criteria for distinctiveness, uniformity and stability implies the plant varieties identification by the method of phenotype morphological description (the signs of vegetative and generative organs). The morphological code formula of the variety consists of the corresponding codes of the sign and the degree of its expression that is formed according to the technical documents and DUS methods in all countries of the International Union for the Protection of New Varieties of Plants (UPOV) and CPVO. Methodological provision for the protection of breeder’s rights and new plant varieties in the EU and the CPVO protocols were analyzed by the comparative method of the general parts and the tables of signs of DUS techniques for the botanical taxons of 4 plant groups: agricultural, vegetable, fruit and decorative.
Conclusions. As a result of comparative assessment of DUS methods for plant varieties (CPVO – Protocols, UPOV – TG, Ukraine – UATG) was found that the morphological description of plant varieties during the field trials (qualitative (QL), quantitative (QN) and pseudo-qualitative (PQ) signs of phenotypes ) is the basic technique for conducting DUS testing according to the international UPOV requirements as well as to CPVO requirements. National Methods for Plant Varieties Examination for Distinctness, Uniformity and Stability are developed under mandatory requirements of the DOCUMENT TGP 7/3 DEVELOPMENT OF TEST GUIDELINES adopted by the Council at its forty-eighth ordinary session on October 16, 2014. The CPVO and EU methodological bases at the 2015 research stage included protocols for 160 botanical taxons, represented by four plant groups: agricultural (18); vegetables (46); fruit (30) and decorative (66). The CPVO protocols for 122 botanical taxons, namely: agricultural (18), vegetable (44); fruit (28) and decorative (32) are of great value for the application’s scientific and technical examination for plant variety registration inUkraine. Field tests of plant phenotypes in accordance with morpho-descriptive method for variety identification by the relevant features and their degree of expression for harmonized description of plant varieties is practically brought to the UPOV international requirements and partly to CPVO protocols of the European Union.
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