PLANT VARIETY RIGHTS (PVR)

Plant Variety Rights Lawyer

The Plant Varieties Act 1987 creates rights in plant varieties registered under the Act. It gives the holder of a new plant variety the exclusive right to produce for sale and sell propagating material of the variety. In the case of vegetatively-propagated fruit, ornamental and vegetable varieties, a PVR provides the additional exclusive commercial right to propagate the protected variety for the commercial production of fruit, flowers or other products of the variety.

A PVR holder may license others to produce for sale and to sell propagating material of the protected variety or sell the PVR. Rights holders commonly collect royalties from the commercialisation of their protected varieties. They can also use the Court to stop other businesses deliberately selling seeds or plants of the protected variety without permission.

A PVR is granted for a term of 20 years in the case of non-woody plants, or 23 years in the case of woody plants.

Plant Variety Rights are presently available for varieties of any kind of plant other than algae and bacteria.

A grant of PVR may be made for a variety if:

– it is new. A variety is “new” if propagating material, whole plants or harvested material have not been sold or offered for sale with the agreement of the owner:

– in New Zealand for more than one year before the date of application, or

– overseas, for more than 6 years before that date in the case of woody plants, or more than 4 years in the case of non-woody plants;

– it is distinct. The variety must be distinct from all commonly known varieties existing at the date of application, in one or in some combination of the following characteristics: morphological (such as shape, colour) or physiological (such as disease resistance);

– it is sufficiently uniform;

– it is stable. The variety must remain true to its description after repeated propagation;

– an acceptable denomination (variety name) is proposed. An applicant for a PVR must propose a denomination for the new variety that conforms to internationally accepted guidelines under the International Union for the Protection of New Varieties of Plants (UPOV)).

PLANT VARIETY RIGHTS (PVR)

Plant Variety Rights Lawyer

The Plant Varieties Act 1987 creates rights in plant varieties registered under the Act. It gives the holder of a new plant variety the exclusive right to produce for sale and sell propagating material of the variety. In the case of vegetatively-propagated fruit, ornamental and vegetable varieties, a PVR provides the additional exclusive commercial right to propagate the protected variety for the commercial production of fruit, flowers or other products of the variety.

A PVR holder may license others to produce for sale and to sell propagating material of the protected variety or sell the PVR. Rights holders commonly collect royalties from the commercialisation of their protected varieties. They can also use the Court to stop other businesses deliberately selling seeds or plants of the protected variety without permission.

A PVR is granted for a term of 20 years in the case of non-woody plants, or 23 years in the case of woody plants.

Plant Variety Rights are presently available for varieties of any kind of plant other than algae and bacteria.

A grant of PVR may be made for a variety if:

– it is new. A variety is “new” if propagating material, whole plants or harvested material have not been sold or offered for sale with the agreement of the owner:

– in New Zealand for more than one year before the date of application, or

– overseas, for more than 6 years before that date in the case of woody plants, or more than 4 years in the case of non-woody plants;

– it is distinct. The variety must be distinct from all commonly known varieties existing at the date of application, in one or in some combination of the following characteristics: morphological (such as shape, colour) or physiological (such as disease resistance);

– it is sufficiently uniform;

– it is stable. The variety must remain true to its description after repeated propagation;

– an acceptable denomination (variety name) is proposed. An applicant for a PVR must propose a denomination for the new variety that conforms to internationally accepted guidelines under the International Union for the Protection of New Varieties of Plants (UPOV)).