The Plant Breeders’ Association has been lobbying governments for the last 20 years to tighten protection, claiming it will foster a positive business environment for investing in plant breeding.
Association general manager Thomas Chin said the latest commercial seed lines cost millions of dollars and typically take 10 years to develop.
Plant breeders believe the protection of their intellectual property is inadequate and does not give them confidence to develop or import new cultivars.
The maximum fine for breaches of plant protection is ineffective at $1000.
Plant breeders are also keen to have royalties paid on any protected seed varieties farmers save for their own re-sowing use, as happens in the European Union, Britain and Australia.
How that could be implemented is yet to be determined with some farmers in favour of directing royalties towards variety development and many of them willing to pay more for innovative seed products.
Chin said the association is in consulting farmers about the possible royalties and how a collection system could work.
NZ has the 1987 Plant Variety Rights Act while other countries are in line with UPOV 91 international standards.
But as part of the Comprehensive and Progressive Trans Pacific Partnership NZ needs to update the law to meet international obligations.
So growers do not always have access to the latest most productive and profitable seed types as plant breeders are not convinced NZ law is strong enough to protect their intellectual property.
“Downstream of this, food and beverage processors are not getting the top-quality, highest-yielding cultivars and neither are consumers.
“Since 1991 plant breeders have wanted the government to align the legislation with international standards and now because of our legal obligations as a partner in CPTPP, processes to renew the legislation are under way.”
Chin said modernising of the law under UPOV91 rules means NZ becomes a more attractive place for companies to invest and to complement research and development work done locally.
“Moreover, it’s important to view the modernisation as bringing positive economic benefits to the wider production and supply chains, people who eat and NZ as a whole rather than viewing it as a penalty or a disincentive.”
Chin said strengthened breeder protections will foster a positive business environment for investing in plant breeding in NZ and consistency at an international level will encourage foreign breeders to release new and improved varieties into NZ.
It will result in increased choice for farmers in sourcing the best varieties with desirable characteristics and ensure breeders can be fairly compensated for their development.
There will be no negative impacts on farmers who have obtained seed legitimately and farmers saving seed for their own use on their own farm is a long-held tradition and should not change so long as royalties are payable on protected varieties that are saved, Chin said.
Chin said the association submitted its views for a ministerial issues document before Christmas.
An options paper is likely to be released this year and will be open to public submissions with draft legislation expected to go before Parliament next year.
