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Plant Variety Rights
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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.

PVR Searches

DCC has a search team who can locate previously registered plant breeder’s rights (also called plant variety rights in some countries).

Our search service can help you to locate PBR/PVR in countries which have such systems and accessible records.

All of our searches are conducted by, or under the supervision of, an experienced patent attorney.

Our Services

We have substantial expertise in obtaining and enforcing PVR

Our team can assist with:

Filing and Registration

Registering PVR in Asia Pacific and around the world.

Searching

Locating previously registered plant varieties.

IP Strategy

Understanding how to best utilise IP assets to achieve commercial success.

IP portfolio management, maintenance and renewals

Maintaining PVR and ensuring they are in the right name.

Commercialisation & licensing

Enforcement and Litigation

Our Experts in Plant Variety Rights

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Marion Heathcote

BSc, LLB, LLM, BAppSc (Wine Science), BEcolAgricSys
Principal
Trade Mark Attorney
Sydney, Australia
Areas of Expertise/Sector
Trade MarksAgribusiness & Food TechnologyArts, Media & FashionBiotechnologyBuilding & Construction

Dr Li Li

BSc (Biology), PhD
Client Liaison Principal
Principal
Sydney
Areas of Expertise/Sector
PatentsTrade MarksDesignsIP & Commercial Dispute Resolution & LitigationPlant Variety Rights

Sally Foreman

LLB (Hons), LLM
Principal
Trade Mark Attorney
Melbourne, Australia
Areas of Expertise/Sector
Trade MarksArts, Media & FashionBiotechnologyFood & BeverageConsumer Goods

Dr Kian Hoe Khoo

BSc (Hons), PhD (Cantab)
Principal
Patent Attorney
Singapore
Areas of Expertise/Sector
PatentsChemistryPlant Variety RightsBiotechnology

Dr Lyn Chan

BSc (Hons), PhD
Patent Attorney
Melbourne, Australia
Areas of Expertise/Sector
PatentsPlant Variety RightsBiotechnologyUniversities & Research InstitutionsPatent Drafting, Filing & Prosecution