A plant variety is defined as a plant group within a single botanical taxon of the lowest rank. If you are a person who breeds plants, and has discovered and developed a new plant variety, you are called a "breeder" and you can seek protection for your new plant varieties by applying for a Grant of Protection for a Plant Variety.
The grant of protection can last for 25 years (as long as you pay an annual fee) and the plant variety is your personal property.
Benefits of registering for a plant variety protection
By registering, you have the exclusive right to produce for sale and sell propagating material of the variety and prevent others from using your plant variety without your permission. You will also be able to license the right to another party, collect royalties and commercially produce the variety.
Eligibility for Plant Varieties Protection
Under the Schedule of the Plant Varieties Protecton Act (Cap 232A), there are currently 15 plant genera and species that are eligible for protection. The new plant variety must meet the following criteria in order to enjoy protection:
The variety has not been sold or disposed of, by or with the consent of the breeder
The variety is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing of the application. A variety that is of common knowledge does not have to be a protected variety.
The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.
The relevant characteristics of the variety remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.
A denomination is the distinguishing name or identification for the plant variety. The breeder of the new variety has to propose a suitable denomination as its generic designation for approval. An example, “Summer Snow” is a denomination under Rosa in a particular UPOV Convention member country. Some denominations are not acceptable, for example:
Exclusions of Plant Variety Protection
The rights conferred do not apply to acts done for:
In addition to the original plant variety, protection is extended to:
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