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Protection of varieties As for plants, mushroom varieties can be protected in most countries thanks to the International Convention for the Protection of New Varieties of Plants (UPOV). The purpose of UPOV is “to ensure that the members of the Union acknowledge the achievements of breeders of new varieties of plants, by granting to them an intel- lectual property right, on the basis of a set of clearly defined principles” and these are included in Breeders Right laws of the different members. The Horst varieties were the first mushroom varieties protected in this way. Breeders Right differs from patents in the so called Breeders Exemption. Although copying of protected varieties and marketing under different names is not allowed, breeders can use protected varieties to ge- nerate new varieties. New varieties can have Breeders Right if they are distinct from existing varieties, uniform in appearance and stable in characteristics (the so called DUS criteria). The 1991 revision of the UPOV convention also included essentially derived varieties (EDVs). These are varieties that are very similar to protected varieties and are generated mainly by the use of a protected variety. This addition was needed since breeding new varieties by cross breeding requi- res a large investment and the generation of derived varieties usually takes less time and effort. These “new” derived varieties may outcompete an original variety thus minimizing the return on investment done by the initial breeder. Defining a variety as an EDV means that the secondary breeder has to request authorization and negotiate a licensing agreement with the first breeder. According to the UPOV’s definition, fertile single spore cultures of button mushrooms should be considered as EDVs since they: • are mainly derived from the original variety, • are distinguishable from the original variety but, • have otherwise strong resemblance to the original variety.


Working group for protection Although EDV has been defined now, it is a common understanding among the UPOV members that it is up to the breeders to determine when there is essential derivation between varieties. A number of seed federa- tions have, therefore, published position papers that state what should be considered as an EDV for their crops and how to act upon infringement of a protected variety via an EDV. Such a paper expresses the consen- sus of breeders for particular crops. A working group has recently been formed to work on better protection of button mushroom varieties. The group consists of representatives of Sylvan, Amycel, Limgroup and the research groups of INRA Bordeaux and Wageningen


UR. The intention of the working groups is: • Generating a consensus within the mushroom bree- ding and spawn industry on an EDV definition and how to act on infringement. • Generating worldwide support and understanding within the mushroom industry and governmental bo- dies on the EDV issue for button mushrooms. • Publish a scientific article in a peer reviewed scientific journal that describes the typical life cycle of the bisporic variety of the button mushroom and how EDVs can be generated. Such an article can be used as a reference in case of dispute on the EDV issue for button mushrooms. The intention of the working group is not to prohibit the generation and marketing of EDV but to come to a consensus that the breeder of an EDV should request the authorization and negotiate with the breeder of the original variety to get a license. The EDV issue has been addressed at the 2011 conference of the World Society for Mushroom Biology and Mushroom Products (WSMBMP) in Arcachon (France) and at the 2012 conference of the International Society for Mushroom Science (ISMS) in Beijing (China). The working group held two meetings during the last year and one during this year and will meet again in October 2013 on a UPOV seminar dedicated to EDV. It is important to state that the activity of the working group is directed to a protection of new varieties to be generated in the (near) future and has no effect on present-day varieties. Input on the activities of the working group is very wel- come. Relevant parties will be invited shortly to share their views on this important matter which is relevant for the benefit of the mushroom sector. The ISMS is sup- porting and facilitating this initiative.◗


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