Procedures for the exploitation of protected and/or patented varieties

Since the early 19th century, the introduction of new varieties is an essential component to maintain andsustain good and high crop productivity and quality. New varieties are constantly being bred for higher yields,for better agronomic and quality traits like taste, and for resistance to abiotic and biotic stresses. Plant Breeders' Rights (PBR), also called Plant Variety Protection (PVP), is an exclusive right granted to breedersof new varieties to exploit their varieties and has features that are in common with patents for industrialinventions. Both forms of protection grant to their holders a form of exclusive right to pursue innovativeactivity. With the PVP legislation, growers are in a better position to have access to new and improved varietiesfor commercial growing. Protection of a new variety is granted via a registration process based on validation of plant characteristicsthat distinguishes it from other varieties. The condition for registration of new plant varieties and the grantingof breeder's right is that the plant variety is new, distinct, uniform and stable. The scope of a breeder's rightextends to acts carried out on a commercial basis including producing or reproducing, conditioning for thepurpose of propagation, offering for sale, marketing, exporting, importing and stocking the material for theearlier activities. Hence, unauthorized conduct of such acts will constitute an infringement under the law. Today practically all new citrus varieties are being protected, and their exploitation is being done followingdifferent models: . Open: All growers have free access after paying royalties (per plant or per surface, ie. 'Pri23', 'Sunnyridge'). . Restricted: There is partial access to rights of exploitation by limiting the supply (by surface or byproduction, ie. ASF club) or by restricted markets (only a few destinations or on certain dates, ie. 'Garbí' or 'Safor' mandarins, so far restricted to the Spanish mar