Plant Variety Rights
Plant Variety Rights are crucial for protecting innovation and progress in agriculture and not only encourages plant research and breeding but can also contribute more widely to food security and sustainability.
Withers & Rogers understand the vital role that plant variety rights play in fostering innovation and safeguarding the efforts of breeders and researchers in the agricultural industry.
Plant variety rights are a form of intellectual property, which grants exclusive rights to breeders of new plant varieties, ensuring that their unique creations can be recognised and protected. Plant variety rights are known by different names across the world. In the United States, they are referred to as Plant Variety Protection (PVP) or Plant Patents, while in Europe they are commonly called Community Plant Variety Rights (CPVRs). In other jurisdictions, they may simply be called Plant Breeder’s Rights (PBRs).
To successfully obtain a granted plant variety right, the new variety must meet the following criteria: (i) it must be distinct (it is clearly distinguishable from any existing variety); (ii) uniform (the traits of the variety are consistent across the plants); and (iii) stable (the defining characteristics of the variety remain unchanged after repeated propagation). Additionally, the variety must be new, having not been commercially exploited before a specified period prior to the application date.
Our group can directly handle plant variety right applications in the UK before the Animal and Plant Health Agency (APHA), CPVR applications in Europe before the Community Plant Variety Office (CPVO) and at the International Union for the Protection of New Varieties of Plants (UPOV). We can also help you obtain protection internationally through our trusted network of associate attorneys around the world.
Our experienced attorneys can assist by filing, obtaining and enforcing plant variety rights in addition to providing more general and strategic portfolio advice.
For further information please contact the group's lead attorney:
