Plant Variety Rights
What are plant varieties?
Perhaps the simplest way to describe these is to think in terms of "apples". There are many different types or "varieties" of apples, and significant investment is constantly being put into developing new varieties with different or more appealing characteristics. The breeder of a new variety is entitled to apply for IP protection over that variety so they can recover the costs that went into developing that new variety. This form of protection, known as a plant variety right (PVR), does not give that breeder any monopoly over apples in general. Nor does it prevent anyone else seeking to develop a new apple variety. It simply protects the variety that breeder has developed for a certain period of time.
What is a plant variety right?
If you obtain a PVR you have an exclusive right to produce the plant variety for sale, and to sell propagating material (for example, seeds) of that new plant variety. To qualify for protection, the plant variety must be new, distinct, uniform and stable. It must also have an acceptable variety denomination or variety name. A variety that is the subject of a PVR is referred to as a "protected variety''.
In Aotearoa-New Zealand protection is provided for new plant varieties by the Plant Variety Rights Act 1987.
What qualifies for plant variety right protection?
The conditions for granting a PVR are:
New: Your variety will be considered to be new if propagating material, whole plants or harvested material of it has been sold or offered for sale with the agreement of the owner:
- in Aotearoa-New Zealand for more than one year before the date of application; or
- overseas, for more than six years before that date in the case of woody plants (for example, trees, shrubs, roses) or more than four years in the case of non-woody plants (for example, herbaceous perennials, vegetables, grasses).
Distinctness: Your new variety must be clearly distinguishable by one or more certain characteristics from any other variety whose existence is a matter of common knowledge.
Uniformity: Your variety must be sufficiently uniform depending on the method of propagation, with each plant of that variety essentially conforming to the variety description.
Stability: Your variety must remain true to its description after repeated propagation.
Denomination (Name): You must propose a denomination or variety name for the new variety, which should conform to internationally accepted guidelines. Note denominations cannot be used as a trade mark and vice versa.
A PVR will only be granted when the New Zealand Plant Variety Rights Office (NZPVRO), the government agency responsible for the granting of PVRs, has determined that the variety fulfils the above criteria.
What rights does a PVR give?
PVR owners have the exclusive right to:
- produce for sale and sell propagating material of the variety concerned; and
- in the case of vegetatively propagated varieties, propagate that variety for the purposes of the commercial production of fruit, flowers, or other products of that variety.
How long does protection last?
PVRs last for 20 years for non-woody plants, or 23 years for woody plants, beginning from the date when rights are granted.
Although PVRs are issued for a term of 20 or 23 years, a grant will only remain in force as long as payment of the annual grant fee is made each year – this is due on the anniversary of the date you are granted your PVR.
Are there any exceptions to plant variety rights?
The grant of a PVR does not prevent others from:
- growing or using a protected variety for non-commercial purposes;
- using the plants or parts of the protected variety for human consumption or other non-propagating purposes; or
- using a protected variety for the purpose of plant breeding.
Where do you file plant variety applications?
At the New Zealand Plant Variety Rights Office website.
What documents are needed?
You need to complete the application form, a technical questionnaire and pay the fee. Photographs or a sample of seeds will be required, depending on the plant type.
Application forms can be downloaded at www.pvr.govt.nz and should be posted to:
New Zealand Plant Variety Rights Office
PO Box 9241
Marion Square,
Wellington 6141
How much does it cost to register a PVR?
The fees for registering a PVR vary depending on the species. Please visit the PVR website to see all the fees.
You must pay an annual fee of $160 (excl GST) after a grant is made to maintain your PVR.
Does plant variety rights protection apply overseas?
New Zealand breeders who wish to obtain plant variety rights protection in another country must apply through an agent in that country. Aotearoa-New Zealand is a member of the International Union for the Protection of New Varieties of Plants (UPOV) which entitles Aotearoa-New Zealand plant breeders to apply for protection for their new varieties in all other member countries.
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