Plant Breeders’ Rights

The core aim of plant breeders’ rights is to encourage breeders to develop new plant varieties and support their use in agricultural production. The rights protect breeders’ labor and capital investment, which reinforces innovation. They usually cover commercial propagation, production, sale, and distribution of new, original plant varieties.

Internationally, plant breeders’ rights derive from the 1961 International Convention for the Protection of New Varieties of Plants. The 1991 UPOV (International Union for the Protection of New Varieties of Plants) Convention is another important framework. Each country recognizes and administers the rights through its own legal framework.

Developing a new, original plant variety is the first step. That is typically done by crossing and selecting from existing varieties or by using techniques such as genetic engineering.

You need to show the new plant variety is original and has not been registered before. That means detailed data on the genetic, morphological, and agricultural traits of the variety.

File the application with the plant breeders’ rights office of the country where you want protection.

When filing for plant breeders’ rights, evidence of the variety’s technical and commercial value matters. That includes technical traits such as hardiness, yield, and disease resistance, and market indicators.

The application is examined by the plant breeders’ rights office and the originality, newness, and other criteria of the variety are evaluated. Additional information or evidence may be requested if the office finds it necessary.

After the review, a decision is made on whether to grant the plant breeders’ rights. If granted, the breeder holds the right to control the commercial use of the variety for a set period.

Once the rights are granted, annual fees have to be paid and the breeder is responsible for supervising and monitoring the commercial use of the variety.