The Grant of Protection for a Plant Variety is a right given by the Government to the breeder to prevent others from doing any of the following acts (Scope of Grant of Protection) in respect of the propagating material and/or harvested material of the protected plant variety without the breeder's authorisation:
- production or reproduction;
- conditioning for the purpose of propagation;
- offering for sale;
- selling or other forms of marketing;
- exporting;
- importing;
- stocking for any of the purposes mentioned in 1 to 6 above.
A Plant Variety is a plant group within a single botanical taxon of the lowest rank. It can be
- defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes;
- distinguished from any other plant grouping by the expression of at least one of those characteristics; and
- considered as a unit with regard to its suitability for being propagated unchanged.
>> Under the Schedule of the Plant Varieties Protection Act (Cap 232A), 15 plant genera and species are eligible for protection .
A Breeder is a person who bred, or discovered and developed, the candidate plant variety. Any breeder, (an individual or a company) can apply for the grant of protection. However, if the plant variety is bred, or discovered and developed, in the course of work, under Singapore law, the rights to the plant variety may then vest with the employer.
The grant of protection can last for 25 years, subject to payment of annual fees. Annual fees are payable every year starting from the end of the first year of grant. A grant of the plant variety protection is personal property and may be licensed or assigned in the same way as other personal property.
Under the plant variety protection system, protection is extended to
- any plant variety which is essentially derived from the protected plant variety (referred to as the "original plant variety");
- any plant variety which is not distinct from the original plant variety; and
- any plant variety where the production of such variety requires the repeated use of the original plant variety.
A plant variety is "essentially derived" if
- it is predominantly derived from the original plant variety or from a plant variety predominantly derived from the original plant variety;
- retains the expression of the essential characteristics that result from the genotype or a combination of the genotypes of the original plant variety except for the differences which result from the act of derivation; and
- it is clearly distinguishable from the original plant variety.
The rights conferred do not apply to acts done
- for private and for non-commercial purposes;
- for experimental or research purposes; or
- for the purpose of breeding other varieties
By filing for plant variety protection, a breeder obtains a right to ownership and the right to prevent others from using his rights to the protected plant variety without his authorisation.
>> It is possible for a plant variety to be protected by both plant variety protection and patent as long as the requirements of each protection system are fulfilled.
Under the Plant Varieties Protection Act, new varieties of the 15 plant genera and species listed in The Schedule are eligible for protection. Brassica chinensis L. (commonly known as baicai) and Phalaenopsis Blume (a species of orchid) are two of the 15 plant genera and species listed.
The candidate plant variety must meet the following criteria:
- novelty;
- distinctness;
- uniformity; and
- stability.
It must also be given a suitable denomination.
The variety has not been sold or disposed of, by or with the consent of the breeder
- earlier than one year before the date of application in Singapore where the sale or disposal is made in Singapore; and
- where the sale or disposal is made outside of Singapore, earlier than six years before the date of application in the case of trees or vines, or earlier than four years before the date of application in the case of other plant varieties.
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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.
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The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.
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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.
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>> The distinctness, uniformity and stability (DUS) criteria are often grouped and examined together, and referred to as the "DUS Test". The candidate variety will undergo a DUS Test conducted during the technical examination to ensure conformance.
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.
>> To conduct a search on the denominations in the UPOV Register, any member of the public may access the records at the IPOS Public Search Area.
The proposed denomination has to conform to all the criteria set out in Section 36 and 37 of the PVP Act. The following are instances where a denomination would not be acceptable.
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The proposed denomination should not consist solely of numbers unless it is an established practice for designating plant varieties.
The proposed denomination must enable the variety to be identified and not mislead or cause confusion concerning the characteristics, value or identity of the plant variety, or the identity of the breeder.
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The proposed denomination will not be approved if it is contrary to any written law or public policy, or is likely to be offensive to the public.
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The proposed denomination would not be suitable if it is likely to cause confusion
- with a trade mark, a name, a business or any other rights for which any person other than the applicant enjoys protection under any law; or
- with a trade mark for any material of another plant variety, or for goods similar to any material of the first-mentioned plant variety for which the applicant enjoys protection under any law.
>> If an application in a UPOV Convention country has been previously made for the plant variety, the same denomination has to be used when applying for the grant of plant variety protection in Singapore.
If the Registrar deems a proposed denomination unsuitable for registration, the applicant would be required to propose another denomination within the prescribed period.