| | PVRA 87 | UPOV 91 |
|---|
| Right to authorise propagation of protected variety | Yes, but only for the purposes of commercial marketing | Yes, for all protected varieties, and subject to farm saved seed exceptions. |
| Right to authorise conditioning for purpose of propagation | No | Yes |
| Right to sell, or offer for sale | Yes | Yes |
| Right to authorise export | No | Yes |
| Right to authorise import of propagating material | Yes (limited right) | Yes |
| Right to authorise stocking for any of the above purposes | No | Yes |
| Exclusive rights apply to varieties essentially derived from protected variety? | No | Yes |
| Exception for Non-commercial use | Yes | Yes, but only if it is private (non-public) use |
| Exception for experimental use | Yes - No specific exception, but such use would not infringe if it was not for commercial purposes | Yes |
| Exception for use of a protected variety to breed other varieties? | Yes, but only if the repeated use of the protected variety is not required | Yes but only if the repeated use of the protected variety is not required. |
| Exception for use of propagating material for human consumption or other non-reproductive purposes? | Yes | Yes |
| Use of Farm Saved Seed allowed? | Yes, for seed propagated varieties | Yes, if specific provision is made to allow this, and within reasonable limits |
| Term of Plant Variety Right | Minimum of 23 years for woody plants or their rootstocks | Minimum of 25 years for trees and vines |
| Minimum of 20 years for all others | Minimum of 20 years for all others |