Plant Varieties Protection

If you are a person who breeds plants, and you have discovered and developed a new plant variety, you can seek protection for your new plant varieties by applying for a Grant of Protection for a Plant Variety with IPOS.

The advantage of the grant of protection means that you have the exclusive right to prevent others from doing any of the following acts in respect of the propagating material and/or harvested material of the protected plant variety without your 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 above

This right however does not extend to use of the protected plant variety for private and for non-commercial purposes, experimental or research purposes, or for the purpose of breeding other varieties. 

Obtaining the grant of protection also means that you are able to license the right to another party, collect royalties and commercially produce the variety.

Once your plant variety is granted, it will be protected for 25 years from the date of grant, so long as it is renewed every year.