A closer look at the numbers\u00a0shows that asexually reproduced\u00a0varieties, especially\u00a0ornamentals, have benefited greatly\u00a0from the system. Th is is quite plausible\u00a0as 44% of the total applications\u00a0originate from the Netherlands\u00a0and 47% of the grants belong\u00a0to rose varieties, followed by 14% Chrysanthemum, 11% carnation,\u00a011% Alstroemeria and only 20%\u00a0for other varieties.<\/p>\n
Unsolved challenge\u00a0Although the system has proven\u00a0to be effective in granting Plant\u00a0Breeder Rights (PBR), an unsolved\u00a0challenge remains with the international\u00a0community, which is to demonstrate\u00a0that the system provides\u00a0adequate laws and regulations that\u00a0are capable of meeting the demands\u00a0of breeders as stated in the UPOV\u00a01991 Act.<\/p>\n
With these needs in mind, the\u00a0Colombian government has been\u00a0trying to adhere to the UPOV\u00a01991 Convention for several years,\u00a0but is still facing strong political\u00a0resistance from sectors opposing the\u00a0broadening of the IP standards in\u00a0socially sensible areas such as pharmaceuticals\u00a0and agriculture. The\u00a0latest attempt to adhere to the \u201891\u00a0standard was made on April 2012,\u00a0when the Congress passed Bill 1518\u00a0adhering to the \u201891 Act of UPOV\u00a0in the framework of implementing\u00a0legal commitments acquired\u00a0under the Free Trade Agreement\u00a0with the US government. This law,\u00a0however, has recently been declared\u00a0unconstitutional by the Colombian\u00a0Constitutional Court, which\u00a0holds that the approval process\u00a0violated the fundamental rights of\u00a0indigenous and tribal communities.\u00a0These latter should have been\u00a0consulted by the government before\u00a0the passing of the bill as the UPOV\u00a01991 Act standard may affect\u00a0those communities\u2019 agricultural\u00a0practices and ancestral knowledge.\u00a0The government intends to proceed\u00a0with the bill, but needs to develop a\u00a0strategy to comply with the consultation\u00a0ordered by the Court.<\/em><\/p>\n Measures of protection<\/strong><\/p>\n Despite not being able to adhere to\u00a0the UPOV 1991 Act yet, Colombia\u00a0has managed to implement\u00a0the \u201891 Act minimum standards\u00a0by providing breeders with (i)\u00a0provisional protection between\u00a0filing and granting; (ii) effective\u00a0protection over Essentially Derived\u00a0Varieties (EDVs); (iii) experimental\u00a0use exception; (iv) farmer\u2019s privilege\u00a0restricted to less than fi ve hectares\u00a0in addition to fi ling a report with\u00a0ICA, and a marketing prohibition\u00a0of the harvest material; and (v) a\u00a025-year term of protection for vines,\u00a0forest and fruit trees, and a 20-year\u00a0term for other species.<\/p>\n Adhering to the UPOV 1991\u00a0standard, however, would allow the\u00a0country to open the door for the\u00a0implementation of even stronger\u00a0legal measures regarding harvest\u00a0materials, especially products\u00a0that are manufactured with those\u00a0harvest materials. But most importantly,\u00a0adhering to the UPOV 1991\u00a0Act would provide the international\u00a0community with the certainty of\u00a0political commitment to maintain\u00a0the highest minimum standards as\u00a0agreed by all the UPOV 1991 Act\u00a0member states. <\/em><\/p>\n ICA<\/strong><\/p>\n Finally, to facilitate the enforcement\u00a0of plant varieties in the country, the\u00a0Colombian Congress passed Bill\u00a01564 in 2012, providing the ICA\u00a0with jurisdiction over infringement\u00a0of PBR. This change in essence\u00a0creates a PBR specialized court,\u00a0providing the Instituto Colombiano\u00a0Agropecuario ICA (the organisation\u00a0that administers Colombia\u2019s\u00a0Plant Variety Rights Regime) with\u00a0judicial control of the PBR system, something which in principle will solve the historical problems of the system associated with the lack of technical knowledge of the judicial authorities when enforcing\u00a0PBR. The challenge is now in\u00a0the hands of the ICA, bearing in\u00a0mind that it is a small offi ce with\u00a0very limited human and fi nancial\u00a0resources. Th ese problems would\u00a0require immediate attention from\u00a0the Colombian government in order\u00a0to guarantee the success of this new\u00a0function.<\/p>\n Parallel to the implementation of\u00a0the new judicial functions of the\u00a0ICA, the government is attempting\u00a0to implement a socialisation programme\u00a0for the existing indigenous\u00a0communities, which delivers the\u00a0(relatively small) changes that come\u00a0from complying with the UPOV\u00a01991 Act. Th is means the outlook\u00a0for the balance of the protection\u00a0for plant innovation in Colombia is\u00a0optimistic. However, it also implies\u00a0an invitation to the international\u00a0community and associations like CIOPORA\u00a0to keep a vigilant eye on the\u00a0country, with active lobbying highlighting\u00a0the positive amendments\u00a0brought to the UPOV Convention in\u00a0the revised Act of 1991.<\/p>\n