The Plant Varieties Protection Act (Cap 232A) ("PVP Act"), together with its subsidiary legislation which consists of the Plant Varieties Protection Rules, form the legislation governing plant variety protection law in Singapore.
The latest legislation update can be viewed here.
Copies of the legislation are available at www.snpcorp.com/webshop or
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The PVP Act conforms with the 1991 revision of
The International Convention for the Protection of New Varieties of Plants (UPOV).
Under the UPOV Convention, all member countries would accord equal treatment for all nationals and residents of any other member countries of the Convention.
Any breeder (an individual or a company) can apply for the grant of plant variety 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.
There are no restrictions or discrimination as to nationality or residency. However, an applicant who is not a resident in Singapore must provide the Registry of Plant Varieties with an address for service in Singapore to which all correspondences will be sent.
The term of protection is 25 years from the date of grant, subject to the payment of annual fees. Annual fees are payable every year starting from the end of the first year of grant.
The owner of the protected plant variety is entitled to provisional protection and is able to take legal proceedings in respect of the plant variety for infringement activities that took place between the date of publication of the application and date of grant. However, such legal proceedings should commence only after the plant variety protection has been granted.