When a new member takes on the obligations of UPOV, are varieties that have already been commercialised in that member country, beyond the limits allowable under International Convention for the Protection of New Varieties of Plants (UPOV), eligible for PBR?
No, generally speaking. However, there could be temporary exemptions. Normally if the variety has been commercialised beyond the allowable limits, such varieties should not be eligible for PBR. However, new UPOV members may choose to temporarily waive the time restrictions. This is a very rare exemption.
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