UK: What Are Plant Variety Rights?

Last Updated: 23 April 2018
Article by Clair Curran

Plant Variety Rights (also called Plant Breeders' Rights) are a form of intellectual property right designed specifically to protect new varieties of plants. These rights offer legal protection as a reward for the investment plant breeders make in breeding and developing new varieties.

The Plant Variety Right entitles the holder to prevent any unauthorised person from:

  •  production or reproduction (multiplication);
  •  conditioning for the purpose of propagation;
  •  offering for sale; selling or other marketing;
  •  exporting;
  •  importing and stocking for any of these purposes.

The Plant Variety Right also extends to any variety which is dependent on the protected variety.  Dependent varieties are defined as those whose repeated production requires the repeated use of the protected variety (i.e. hybrids), or those which are essentially derived from a protected variety which is not itself essentially derived.

The plant variety right does not extend to the holder being able to prevent any act done for private and non-commercial purposes, for experimental purposes or for the purpose of breeding another variety. Farmers are also able to save seed to use on their own holding if the rights holder is paid an equitable remuneration for this use.

The right can last for 25 to 30 years, depending on the type of plant.The territorial extent of Plant Variety Rights and the impact of Brexit

Plant Variety Rights were established under the International Union for the Protection of New Varieties of Plants (UPOV) - an intergovernmental organization which has its headquarters in Geneva. Plant Variety Rights' systems are administered in 75 countries worldwide.  There are currently over 100,000 Plant Variety Rights in force worldwide.

These rights are valuable to plant breeders, because plant varieties are specifically excluded from patent protection within some jurisdictions, such as Europe.  

A new plant variety can be protected across the European Union with a Community Plant Variety Right (CPVR).  The Community Plant Variety Office located in Angers, France administers the CPVR.  

A new plant variety can be separately protected with a National Plant Variety Right.  In the UK this right is called a Plant Breeder's Right (UKPVR). Applications for UKPVR are made to the Plant Variety Rights Office in Cambridge, England which administers the UKPVR and is a part of the Food and Environment Research Agency (FERA).

Pre-Brexit, the CPVR and PBR cannot operate simultaneously.  However, from the exact moment that the UK leaves the EU none of these varieties protected using CPVR will be protected in the UK unless the UK government enacts legislation transferring all EU-protected varieties to a UK PVR register with the same name, scope of protection, registration date and term as the equivalent CPVR.  Watch this space.

What criteria must a new variety meet?

Any plant genera or species can be protected in this way, including agricultural, horticultural and ornamental plants. The new variety must be:

  •  Distinct: It must be clearly distinguishable by one or more characteristics that are capable of precise description from any other variety whose existence is a matter of common knowledge at the time of the application. Varieties that are in common knowledge include those that are already in cultivation, exploited for commercial purposes, held in a reference collection or have been precisely described in a publication.
  •  Uniform: All plants in the variety must share the same characteristics.
  •  Stable: The characteristics of the variety must remain unchanged after 'repeated propagation', e.g. reproduction from seeds, cuttings, bulbs or other plant parts.

    Seed/plant material will be independently tested to decide whether the variety meets these criteria.

  •   New: To be considered 'new' for an application for a UKPVR, the variety must not have been sold or disposed of with the consent of the applicant for one year before the application within the UK or 4 years before the application outside the UK (6 years for trees and vines). For CPVR the deadlines are one year within the EU and 4 (or 6) years outside the EU.
  •  Named: The name must allow the variety to be clearly identified and ensure it is different from a denomination identifying an existing variety of the same botanical species or a related one.

Who can apply for a Plant Variety Right?

An application for CPVR or UKPVR must be made by the breeder, his successor in title or the breeder's employer if the work was carried out in the course of employment. Applicants from outside the EU must have a nominated address or agent within the EU.

Local laws will apply in other jurisdictions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions