UPOV cannot be construed as the mandatory standards for a sui generis system because it cannot meet the effectiveness requirement detailed under art. 27.3 of TRIPS. UPOV is deficient in accommodating national goals since it does not balance the interests of breeders with other interests vital to developing nations such as those of farmers. The deficiencies in UPOV are found in: (i) diluted standards for eligibility for protection; (ii) excessive scope of breeders' rights; and (iii) inadequate restrictions on breeders' rights. Consequently, UPOV preserves minuscule improvements as breeders' rights and grants rights that are disproportionate to the creativity in plant breeding. The deficiencies of UPOV enable a breeder to appropriate from the public domain, thus harming the genetic diversity. Developing nations view genetic diversity as a vital part of their social and economic structure.
Developing countries should avoid these inherent deficiencies in UPOV when establishing a sui generis system.
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