Propagating materials and harvested materials: clarifying the scope of plant variety or breeder′s rights

The 1991 International Convention for the Protection of New Plant Varieties (UPOV 1991) provides breeder ' s right over ' propagating material for breeding new plant varieties. UPOV 1991 extends that breeder ' s right over propagating material ' to ' harvested material ' where the breeder has not authorized uses of the `propagating material ' and not had a reasonable opportunity to exercise their right in relation to the ' propagating material '. This article argues that all ' arvested material ' that is also ' propagating material' should be treated as ' propagating material' per se for the purposes of UPOV 1991 and national plant variety and breeder ' s rights.