Plant Variety Rights

Plant breeders are an innovative and important group in the agribusiness sector. The Plant Variety Rights (PVR) scheme rewards breeders with a limited monopoly for new and distinctive plant varieties. DCC has substantial expertise in obtaining and enforcing PVR.

Protect Your New Plant Varieties

Understanding the rights conferred by PVR is as important as obtaining the rights. At DCC, we advise breeders on all aspects of the procedures involved in obtaining and enforcing the rights.

PVR grants a breeder or a successor in title exclusive rights to produce and reproduce, sell, import and export the plant material of a protected variety, therefore providing the breeder with a competitive advantage in the market place. PVR is personal property which can be assigned, sold or transferred by other means to other parties.

PVR lasts for up to 23 years from the date of grant for woody plants (such as trees) and for up to 20 years for other plant species, subject to payment of maintenance fees. If the breeder has not had a reasonable opportunity to exercise the rights, subject to various qualifications, the PVR can extend to harvested material and even to products obtained from the material.

PVR grants a breeder, or a successor in title, exclusive rights to produce for sale and to sell reproductive material of the protected variety. For vegetatively propagated fruit, ornamental and vegetable varieties, PVR also provides exclusive rights to propagate the variety for the commercial production of fruit, flowers or other products of the variety.

PVR protection can extend to import of “produce” (such as fruit and flowers) of protected varieties in certain circumstances.

PVR therefore provides the breeder with a competitive advantage in the market place. PVR is personal property which can be assigned, sold or transferred by other means to other parties.