Plant Variety Rights

Getting started

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

Exploitation of a protected variety includes any of the following:

• Production or reproduction
• Conditioning for the purpose of propagation
• Selling or offering for sale or other marketing
• Importing or exporting
• Stocking for the purpose of undertaking any of the above

By providing a tool to control commercialisation of a variety, PVRs encourage investment and effort into plant breeding in New Zealand. You can find more details on the nature and volume of PVR applications in our infographics below. 

• 2015/16 [PDF, 233 KB]
• 2017/18 [PDF, 263 KB]
• 2018/19 [PDF, 191 KB]
• 2019/20 [PDF, 245 KB]
• 2020/21 [PDF, 282 KB]

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.

The Plant Variety Rights Act 2022 also includes provisions for indigenous plant species and non-indigenous plant species of significance. These provisions recognise and respect the Crown’s obligations under the principles of Te Tiriti o Waitangi / the Treaty of Waitangi, through protecting kaitiaki relationships with taonga species and mātauranga Māori.

• 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 of a new plant variety by a grant of PVR is a particular form of intellectual property.

As a PVR holder you may license others to exploit 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 private and non-commercial purposes,
• use the plants or parts of the protected variety for experimental purposes,
• use a protected variety for breeding new plant varieties.

• Process

  Once submitted and accepted, your application for a Plant Variety Right will be examined by this process.

• Manage

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

• Compulsory licences or sale orders

  You can request a compulsory licence for a variety in some situations where you are not able to obtain authorisation from the variety owner.

• 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 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 new Plant Variety Rights Act 2022 came into force in January 2023, following a review of the Plant Variety Rights Act 1987.