The Plant Variety Rights Act 2022 (“the new Act”) and Plant Variety Rights Regulations 2022 have commenced as of 24 January 2023. Applications filed on or after this date are subject to the provisions of the new Act.
- Plant Variety Rights Act 2022 — legislation.govt.nz
- Plant Variety Rights Regulations 2022 — legislation.govt.nz
The new Act creates a modern Plant Variety Rights (PVR) regime that:
- Makes changes according to recommendations of the Wai 262 report.
- Implements extended exclusive rights provided for by UPOV 91, the most recent international agreement on PVR protection.
- Meets international trade obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
For more information about these changes, please see our previous update:
We are currently in the process of updating our website and online systems so that these are in line with the new Act.
Plant Variety Rights fees
In line with the commencement of the new Act, a new fee schedule is now in force and has been implemented in the IPONZ online case management facility.
The new fee structure applies to any PVR application made on or after 24 January 2023. Any applications which are already under trial or examination before this date will remain under the Plant Variety Rights Act 1987 fee structure.
For PVRs granted under the Plant Variety Rights Act 1987, the first renewal after the implementation date will be according to 1987 Act fees. Subsequent renewals will then be charged according to 2022 Act fees.
More information about the new fee structure and how it applies to new and existing PVRs and applications can be found in the guide below:
The new fees schedule follows on from a review of the current cost of services delivered by IPONZ through the Plant Variety Rights Office.
More information about the review of the Plant Variety Rights Act and its associated fees, including the consultation process, can be found below: