A plant variety right, also known as a plant breeder’s right or similar names in other countries, is a mechanism for protecting new plant varieties.
A plant variety right generally protects against unauthorised production or sale of propagating material of a plant variety. In some situations, harvested material may also be protected.
How do I protect my new plant variety with a plant variety right?
A plant variety right significantly increases the potential to generate income from a new variety. The rights can be licensed or sold, and enforced against infringers exploiting your variety without authorisation.
The process for protecting plant variety rights is different in different countries and with different plant species. Generally, you need to file an application containing a detailed description of the variety, how it was bred and how it differs from other similar varieties. You will likely need to provide plants for trialling.
Depending on the plant species, and other factors, you may be able to base an application in one country on the trialling results from a plant variety right granted in another country.
To be eligible for plant variety right protection, the variety must be:
- New – it has not been commercialised within certain time limits
- Distinct - different from existing known varieties
- Uniform - all plants of the variety must share the same characteristics, and
- Stable - the characteristics must remain the same over successive generations.
How can AJ Park help me?
Our experts have a great deal of experience with filing applications for plant variety rights through to grant in Australia, New Zealand and throughout the world. The chances are we’ve had experience with a variety of your type of plant in your chosen country, so we will be able to help streamline your applications, and avoid pitfalls that exist for the unwary.
If you need plain English advice on plant variety rights, get in touch with one of our experts below.