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Plant varieties protection in the European Union: legal aspects
2015
Якубенко, Н. Б | Федяй, М. В | Линчак, Н. Б | Скоблікова, С. М
Purpose. Reviewing the EU legislation on plant varieties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV) that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the relevant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.
Show more [+] Less [-]Normative and legal regulation of state testing, registration of plant varieties based on genetically modified organisms
2012
Собова, М. О | Григоренко, С. В
The review of legal regulation of state testing, registration of plant varieties based on genetically modified organisms in Ukraine and the European Union. Defined problems, namely the problem of harmonization of legislation, the actual Ukraine's lack of specific legislation in the area of biosafety for GMO handling, lack of clear procedures for registration of GMOs and others.
Show more [+] Less [-]Comparative analysis of methodological approaches to morphological description of plant varieties in Ukraine and European Union countries
2018
Лещук, Н. В | Павлюк, Н. В | Барбан, О. Б
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.
Show more [+] Less [-]Potato market in Ukraine
2017
Мельник, С. І | Ковчі, А. Л | Стефківська, Ю. Л | Кравчук, О. О | Горицька, Т. В
Purpose. To study Ukrainian potato market at the current stage of the development and determine its future prospects. Results. The features of Ukrainian potato market were determined. Production is almost fully provided by private households, meeting the needs of the domestic market. Main regions with the highest gross output and production of potatoes were defined. Ukraine is one of the major potato producing countries in the world. Today our country is not a key supplier or importer of this product because of the low export orientation of the industry, its technological backwardness, limited product range and the large number of small producers. Ukraine exports potato mainly to CIS countries, the highest share of potato import comes from the European Union. Now there are only a few large manufacturing companies in the market, which can be classified as industrial. Most potato varieties, officially permitted for dissemination in Ukraine, are classified as table ones and recommended for cultivation in the Forest-Steppe and Polissia zones. Achievements of the industry include the development of such very popular and promising trend as organic potato growing, which area in our country is one of the largest in the world. Conclusions. Potato produced in Ukraine is used for human consumption, animal feeding, planting and processing, its volumes are relatively stable. Large-scale industrial production of potato is not widely practiced because of low wholesale prices and high labor intensity of the cultivation process. During next few years, in view of current trends, production of potato and severe limitations of the domestic market for foreign operations will remain unchanged. A shift in emphasis in the product range – from fresh potato to processed food products should be a prospect for domestic industrial producers to improve their position in Ukraine and abroad.
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