Plant variety rights

Getting started

Plant variety rights (PVRs) are presently available for varieties of any kind of plant other than algae and bacteria. The word "variety" is used not in the sense of a "botanical variety", but rather as being synonymous with "cultivar" or "cultivated variety".

In the case of vegetatively propagated fruit, ornamental and vegetable varieties, Plant Variety Rights give you the additional exclusive commercial right to propagate the variety for the commercial production of fruit, flowers or other products of the variety.

By providing a tool to control commercialisation of a variety, Plant Variety Rights encourage investment and effort into plant breeding in New Zealand. You can find more details on the nature and volume of Plant Variety Rights applications in our 2016, 2017 and 2018 infographics [PDF].

The rights scheme also allows New Zealanders access to overseas-bred varieties which would not be released here by their breeders without the protection of the legislation. As a result farmers, horticultural producers and home gardeners gain access to an increased number and range of improved varieties.

A grant of plant variety rights may be made if:

• it is new,
• it is distinct, sufficiently uniform and stable,
• it has an acceptable denomination, and
• formalities are met.

• Apply for a plant variety right

  Step by step guide that will help make the application process easy to follow and understand.

• Search for existing plant variety rights

  Check if a plant variety is protected or provisionally protected before you commercially propagate and sell plants of that variety.

• Fees

  Details on application, examination, test trial and renewal fees.

• Forms (technical questionnaires)

  Before you begin your application process, you need to fill in the appropriate genus or species technical questionnaire.

• International plant variety protection

  Find out how you can protect and manage your plant variety rights overseas.

Managing PVRs

The protection given to a breeder by a grant of PVR resembles that given to an inventor by a patent grant, but there are significant differences between these two forms of IP rights.

As a plant variety rights holder you may license others to produce for sale and to sell propagating material of the protected variety. Rights holders commonly collect royalties from the commercialisation of their protected varieties.

As with other types of proprietary rights, you may bring civil action against persons or businesses infringing your rights. Other people are free to:

• grow or use a protected variety for non-commercial purposes,
• use the plants or parts of the protected variety for human consumption or other non-propagating purposes,
• use a protected variety for plant breeding.

Note: It is an offence under the Plant Variety Rights Act 1987 to:

• falsely claim someone to be an applicant or holder of Rights,
• falsely claim, when selling material of a variety, that the variety is protected by Rights or is subject of an application,
• sell reproductive material of a variety without using the variety denomination.

• Process

  Once submitted and accepted, your application for a plant variety right will be examined by this process.

• Manage

  It's your responsibility as a plant variety rights applicant or rights holder to protect and maintain your interests in any protected variety.

• Naming and labelling your variety

  It's important that you identify your variety as protected in the marketplace by stating this on all labels and promotional material.

• Infringements

  As a form of intellectual property, upholding or enforcing your Rights is solely the responsibility of the Rights holder. The management of protected varieties varies greatly depending on the plant species and the objective and approach of the Rights holder.

• Technical guidance

  Detailed information for plant variety rights testing practices including growing trial requirements, supply of plant material and other testing and examination activities.

• Plant Variety Rights Journal

  Information the Commissioner is required to publish including notice of every decision to make or decline a grant and all prescribed particulars relating to applications and grants.

• Plant Variety Rights Act review

  A review of the Plant Variety Rights (PVR) Act 1987 is currently taking place to ensure that the PVR Act is fit-for-purpose going forward.