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Plant Varieties Protection Bill
Following is a speech by the acting Secretary for Economic Services, Mr Leo Kwan, in moving the second reading of the Plant Varieties Protection Bill in the Legislative Council today (Wednesday):
Mr President,
I move that the Plant Varieties Protection Bill be read a second time.
The World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights requires that every signatory which includes Hong Kong - must provide for the protection of rights to plant varieties. The purpose of the Bill is to give effect to that obligation.
The Bill proposes that the Director of Agriculture and Fisheries be appointed as the Registrar of Plant Variety Rights and that he be able to consider applications for registration of such rights.
The Bill states the criteria to be satisfied before a plant variety can be considered for protection and defines the party entitled to protection and the period and scope of the protection afforded. Broadly speaking, it will be necessary for an applicant to show that the plant variety that he wishes to register is a new and distinct variety. In general, once rights to a plant variety have been granted, the grantee will be able to control propagation and commercial exploitation of that variety for 20 years. Such protection will be available to both local and overseas breeders of plants.
Unauthorized commercial exploitation of plant varieties will be deterred through provision made in the Bill for offences relating to false declaration, false representation and misuse of the name of a protected plant variety. In each case, the proposed maximum penalty upon conviction is a fine of $100,000.
The successful breeding and development of marketable new varieties of, for example, vegetables and ornamental plants requires substantial investment and the prospect of a reasonable commercial return. The proposals in the Bill will protect the intellectual property of companies and individuals currently breeding plants and vegetables in Hong Kong, and those of overseas breeders who wish to market new plant varieties in Hong Kong. This will be to the benefit of both the economy and consumers. I therefore commend the Bill to this Council.
End