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Plant Breeders Rights

Plant Breeders Rights.

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Plant Breeders Rights

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  1. Plant Breeders Rights

  2. Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give them exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.

  3. With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights by plant breeders' rights, a variety must be new, distinct, uniform and stable. The breeder must also give the variety an acceptable "denomination," which becomes its generic name and must be used by anyone who markets the variety.

  4. A variety is new if it has not been commercialized for more than one year in the country of protection. A variety is distinct if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc. A variety is uniform if the plant characteristics are consistent from plant to plant within the variety. A variety is stable if the plant characteristics are genetically fixed and remain the same from generation to generation.

  5. Who is in charge of PBRs in NZ The Intellectual Property Office of NZ oversees plant variety rights in NZ. Seed is submitted to the IPONZ, who grow it for one or more seasons, to check that it is distinct, stable, and uniform. If these tests are passed, exclusive rights are granted for a period of 20 years (or 25 years, for trees and vines). Annual renewal fees are required to maintain the rights.

  6. What if I want to grow a protected variety Breeders can take illegal growers to court and can recover damages for infringement. http://www.iponz.govt.nz/cms/pvr/

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