Plant variety protection
Plant variety protection is an independent monopoly right and not a patent. However, plant variety protection is an exclusive right comparable to that of a patent and protects the intellectual property of plant varieties.
As a breeder or discoverer of a new variety, you can apply for protection of the variety (plant variety) with effect for the FRG on the basis of the Plant Variety Protection Act at the Federal Plant Variety Office.
There is also Community plant variety protection in the EU, which is granted by the Plant Variety Office in Angers (France) across Europe in the Member States.
Plant variety protection serves breeding progress in agriculture and horticulture. According to this, a plant variety can be protected if it is distinguishable, homogeneous, stable and new, and is also identified by a variety name capable of being registered.
Plant variety protection has the effect that only the plant variety protection owner or his legal successor is entitled to place propagation material (plants and parts of plants, including seeds) of a protected variety on the market for commercial purposes. Since 1997, the protective effect also includes varieties derived from a protected variety.
Plant variety protection lasts for 25 years; 30 years for hops, potatoes, vines and tree species.
DO YOU HAVE QUESTIONS?
If you have any questions about plan variety protection or would like an initial consultation, please contact us.
We look forward to hearing from you.