Plant Breeders' Rights

Plant variety rights protect the 'result of breeding'. Specifically, this concerns new varieties of plants that can be distinguished from other varieties, and that are homogenous and stable. The latter means that the relevant properties must remain the same from one generation to the next. Plant variety right holders have the exclusive right to grow and propagate certain varieties. Third parties may be licensed to do the same.

We will assess whether your new plant variety satisfies the requirements that apply to plant variety rights. Primarily, the variety must be unique and distinctive as well as homogenous and stable. If so, we will assist you during the application process. This includes drawing up a description of the plant variety. Once the application is filed, a research institution will conduct what is known as a DUS investigation: Distinct, sufficiently Uniform and Stable. This will take some time.

Once the plant variety rights are granted, we still have work to do: our attention will turn to the management and validity of your rights. To maintain plant variety rights, duties must be paid annually. If you fail to pay, your plant variety rights lapse. To prevent this, we monitor terms and ensure that the annual duties are paid. We will also take care of the correspondence involved with your plant variety rights. If you discover that someone else is infringing your plant variety rights and unlawfully growing or propagating plant material, you can also turn to us. We will take immediate action.

Our specialists in the plant breeders' law practice group have years of experience in advising on and applying for international plant breeders' rights, including EU breeders' rights, plant breeders' rights applications in all UPOV member states and US Plant patent applications.

We can also offer:

1. Searches for plant breeders' protection of a variety or crop group indicated by you (scope of search: all UPOV member states).
2. Searches for plant breeders' protection of a batch indicated by you (scope of search: all UPOV member states).
3. Market research into a variety or crop group indicated by you.
4. Actions against infringers on a plant breeders' right.
5. Drafting of standard test and licensing contracts (supplied as digital standard document in the format that you can use at your own company).