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Other IP

Plant variety rights

These very specific types of rights are most commonly referred to as “plant variety rights” or “plant breeders’ rights”. Plant variety rights are available for any new variety of plant that is distinct from other varieties and that has uniform characteristics that are stable after repeated propagation (the so-called “DUS” requirements).

The requirements for a plant variety to be considered new vary between countries. We can guide you through the different requirements.

Your variety will be assessed by a relevant national or regional plant variety office as part of the application process and must be new and conform to the DUS requirements before a plant variety right can be granted.

In Europe, you can apply for individual rights in one or more countries or apply for a single, unitary EU-wide right (the “Community plant variety right”) and within the EU a plant variety right can typically be maintained for up to 25 years from the date it is granted as long as the requisite annual renewal fees are paid.

Once your rights have been a granted you will be able to stop another person from producing, reproducing, propagating, selling or exporting/importing your variety.

We are experienced in filing and prosecuting applications for EU and UK plant variety rights and in obtaining listings of new varieties on national registers. We can also arrange and coordinate the filings of plant variety applications in other territories via our global network of associates.

Meet the team
Gordon Wright
Consultant
Gordon is a specialist in contentious patent matters, particularly relating to the pharmaceutical and life science areas.
Helen Brearley
Associate
Helen has over 10 years of experience in the field of intellectual property. Helen's background is in the life sciences.
Sophy Denny
Associate
Sophy joined Elkington and Fife in April 2012 having past experience in private practice. Sophy's area of expertise covers a wide range of disciplines.
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