PLANT BREEDER’S RIGHTS

A plant breeder’s right (PBR) protects a new plant variety of any botanical genus or species, regardless of whether it has been obtained by controlled sexual crossing and subsequent selection or by genetic engineering. A protectable plant variety should be clearly distinguishable from any other commonly known variety, sufficiently uniform in the expression of the characteristics used for the variety description, and remain stable or unchanged after repeated propagation. Each protectable variety must be designated by a prescribed variety denomination. Importantly, this variety denomination must be different from the brand name, which can be protected by a trademark.

A PBR can be obtained by filing an application in the territory where protection is sought.

The PBR holder can exclude others from producing, reproducing, offering for sale, selling, exporting, importing or stocking the protected variety, including harvested material of the variety, in the territory protected by the PBR.

 

HOW CAN WE HELP YOU?

Protection

  • Performance and analysis of availability and use searches
  • Advice by means of studying the conditions for obtaining PBR protection
  • Joint definition of the protection strategy for your plant variety in order to best meet your specific needs, including by PBR and/or trademarks
  • Representing you throughout the procedures, from filing an application to the granting of the PBR and its maintenance

 

Defence

  • Monitoring your PBR or those that have been filed by or granted to your competitors
  • Assisting you in cases of infringement, preparing a cease-and-desist letter and conducting negotiations

 

Economic optimization 

  • Examining your freedom to exploit the PBR
  • Negotiating and drafting agreements with different parties (non-disclosure, letter of intent, memorandum of understanding, licensing, transfer & assignment, etc.) and carrying out the subsequent registration procedures