Mandated protection with respect to the type of sui generis system provided for plant varieties removes any possible flexibility for member states to consider domestic policies. In addition, replacing this flexibility with mandatory adherence to UPOV may be seen as particularly problematic because UPOV was designed to protect commercially bred varieties in developed countries, whereas most developing countries do not have such a system (Tansey, 1999; CIPR, 2002, pp. 69-70; Dhar, 2002). In addition, the present version of UPOV available for accession provides protection that is more akin to patent rights than prior versions of UPOV (UPOV, 1991, art. 37; Gervais, 2003, pp. 229-30).
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