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.

The new plant variety must meet the following criteria in order to enjoy protection:

  1. New – The variety has not been sold or disposed of, by or with the consent of the breeder:
    • Earlier than 1 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 4 years before the date of application (6 years in the case of trees or vines)
  2. Distinct – 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.
  3. Uniform – The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.
  4. Stable – 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.
  5. Denomination – 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. Some denominations are not acceptable, for example:
    • Denominations with numbers only
    • Misleading or confusing denominations
    • Denominations that are contrary to public policy or morality
    • Denominations confused with trade mark

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.