Can I apply for Plant Breeders' Rights on a variety?

Can I apply for Plant Breeders' Rights on a variety?

Plant breeders' rights protect the results of breeding. In concrete terms, these are new plant varieties that distinguish themselves from other varieties and are also homogeneous and resistant. The latter means that the relevant properties remain the same for successive generations. The holder of a plant variety right has the exclusive right to breed and propagate certain varieties. However, it is possible to give third parties a license for this. Hortis Legal is one of the few specialists in the field of plant breeders' rights, and has a wealth of knowledge and experience in this field.

What we can do for you

We will investigate whether your new plant variety meets the required conditions as set by plant breeders' rights. The most important thing is that a variety is unique and distinctive, and homogeneous and resistant. If this is the case, we will support you in the application process. This means, among other things, that a breed description is drawn up. After the application has been submitted, an examination body will carry out a so-called DUS (Distinct, sufficiently Uniform and Stable) examination. This takes some time.

If plant breeders' rights are granted, our work is not done. We will then take care of the management and monitoring of your entitlement. In order to maintain the right, a tax must be paid every year. If you miss a deadline, your plant breeders' rights will expire. To prevent this, we monitor the deadlines and ensure that the annual tax is paid on time. We also take care of all correspondence that has to do with your plant breeders' rights. You can also contact us if you notice that someone is infringing your plant breeders' rights and is unlawfully growing or propagating plant material of your variety. In this case, we will take immediate action.

Background

We have been active in the floriculture sector since 1997, when Hortis Legal was established. We are also active in the agricultural sector. An all-round specialist, with knowledge in every field and in the broadest sense of the word. We are proud of that, and rightly so!

Are you a breeder and have you developed or discovered a new variety?

Do you need help with plant breeders' rights applications in one of the 74 UPOV countries?

Are you a breeder and are you being accused of infringement?

Or are you a holder of plant breeders' rights and do you suspect that an infringement is being committed?

Do you have a commercial nursery and do you want to know whether a variety is protected? And if so, what you can and can't do?

Are you in a licensing agreement and do you, as a licensor or licensee, want to know exactly how things work? Or do you need a legally correct contract with the necessary know-how?

Our specialists in the Plant Breeders' Rights practice have many years of experience in advising and applying for international Plant Breeders' Rights, including: Dutch Plant Breeders' Rights, Community Plant Breeders' Rights (EU), Plant Breeders' Rights applications in all UPOV member states and US Plant patent applications. For our customers, we arrange the protection of plant breeders' rights for new varieties in more than 45 countries.

Other services

Investigate Plant Breeders' Rights protection of a variety or crop group to be specified by you (scope of research: all UPOV member states)

Investigate plant breeders' rights protection in the name of a party to be specified by you (scope of investigation: all UPOV member states)

Market research for a variety or crop group to be specified by you

Taking action against infringers of a plant breeder's right

Drawing up standard test and license contracts (delivery as a digital standard document in the format that you can use at your own company).