Guidelines for PVR growing trials on an applicant's property (2022 Act)

The Plant Variety Rights (PVR) Office may authorise a PVR applicant to undertake growing trials on the applicant’s property. This is to establish whether or not a PVR candidate variety is distinct, uniform and stable under local climatic conditions and to draft the complete variety description for that variety.

Establishment

The growing trial must be established as soon as possible after notification of the specific requirements for the trial has been given by the PVR Office.

The trial should be separate from the normal growing operation, and should have plants set aside exclusively for plant variety rights purposes. The use of stock plants in a PVR trial is unacceptable.

Varieties for comparison

The PVR Office will specify a certain variety or varieties to be grown alongside the candidate variety for comparison and reference purposes. It is the responsibility of the PVR applicant to supply these plants of similar and reference varieties, to be grown alongside the candidate variety.

Reference varieties are required for the drafting of the variety description. If such varieties cannot be obtained or other issues are encountered, the applicant must notify the PVR Office immediately.

Propagation

All plants (candidate and other varieties) in the growing trial must be propagated by the same method and approximately at the same time. This will ensure that all plants in the trial will then be of similar maturity.

Plant and trial management

The trial is required to be maintained to a high standard, with plants in the trial grown according to standard growing practices for that genus or species. The aim is to grow quality specimens, representative of the candidate and comparison varieties. Chemical or physical growth manipulation outside of normal growing practice for that genus or species should be avoided.

Once a plant has been placed in the trial, it must remain in that trial until the trial is concluded. If any off-type plants occur during the trial, they must not be removed or replaced with more representative specimens.

Plants should be maintained in a healthy state, substantially free of pest and disease.

Inspection and trial evaluation

Inspection of the growing trial will be carried out by a person from, or acting on behalf of, the PVR Office.

The PVR Office will specify the stage of growth of the plants in trial, at which point the inspection will commence. It is the responsibility of the PVR applicant to inform the PVR Office when plants in the trial are about to reach that growth stage.

All plants in the trial should be maintained until the PVR Office advises that they are no longer required.

Warning

Under sections 48(5) and 49(5) of the Plant Variety Rights Act 2022, and section 7(3) of the Plant Variety Rights Act 1987, a PVR application may lapse if:

• A growing trial is not laid out and conducted according to these guidelines, resulting in a situation where PVR evaluation is impossible.
• The applicant fails to notify the PVR Office that the plants in a growing trial are ready for examination.

Section 48 of the Plant Variety Rights Act 2022  — New Zealand Legislation

Section 49 of the Plant Variety Rights Act 2022  — New Zealand Legislation

Section 7 of the Plant Variety Rights Act 1987  — New Zealand Legislation