BIE special 2017, p. 38-42, Gert Würtenberger "Neither the International Convention on the Protection of New Varieties of Plants (UPOV-Convention) nor Council Regulation (EC) No. 21 00/94 on Community plant variety rights (CPVR) provide a provision determining the scope of protection of a plant variety. Solely Article 13 para 5 CPVR defines which of the acts described in para 2 of Article 13 are reserved for the right’s holder in relation to varieties other than the protected one.
The determination of the scope of protection of a plant variety right lies in the area of conflict of several objectives:
What is to be protected by an industrial or intellectual property right largely depends on the intention of granting an exclusive right in a certain object. As regards inventions, including improvements in plant breeding, the purpose is to foster progress by granting, for a limited period of time, the right to the creator to exclude others from using his achievements in order to allow the exploitation of the invention to the best possible extent, and thus not only to leverage the investments made in the invention but to induce further research by the inventor/breeder."
