Plant breeders’ rights are intellectual property rights. This means that you can become the owner of a new plant variety (similarly to the way in which inventions are protected by patents). Plant varieties protected by plant breeders’ rights may not be propagated, grown or marketed without the permission of the owner of the plant breeders’ rights.

Plant breeders’ rights can be requested by country. Since 1995, it has been possible to submit a single application for your new variety that will protect it in all the countries in the European Union. For countries such as the United States, Canada, Japan, and Australia, a separate application for each country has to be submitted.

Procedure

To request trademark protection, New Variety BV has to be authorised by the client. This is because you will be the owner of the plant breeders’ rights if they are granted. Once the application has been submitted, the agency for plant breeders’ rights will send an invoice for the application fee. This is a once-only expense.

Once the trials have started (autumn or spring), the agency for plant breeders’ rights will send an invoice for the trial fee. For most plants, one year of trials is sufficient. For other plants, a maximum of two years is required and will involve charging twice as much for the trial fee.

Plants have to meet 3 sets of criteria during trials:
1. The variety has to display uniqueness 
2. The variety has to display uniformity
3. The variety must display stability.

If these criteria are met, plant breeders’ rights will usually be granted. The annual fee for maintaining your plant breeders’ rights does not have to be paid until after plant breeders’ rights have been granted.

Information

One you have a new variety and are considering protecting it by means of plant breeders’ rights, you can contact New Variety BV at absolutely no obligation. We will be pleased to assist you in protecting your variety.