Plant Variety Rights and Plant Production—Help or Hindrance?
Chris J. Barnaby
INTRODUCTION AND BENEFITS
A plant variety right (PVR) is an intellectual property right It is available to the breeder of a new plant variety and gives such a breeder the following rights or powers.
- The exclusive right to sell reproductive material or whole plants of the variety and collect royalties on the sales.
- The exclusive right to propagate the variety for sale This enables the breeder to control the quality of the reproductive material or plants and assists in the orderly marketing of the variety.
- The exclusive right to propagate the variety for the purpose of the commercial production of fruit or flowers. This means that orchardists and cut-flower growers who wish to propagate new plants of a protected variety themselves, can only do so with the permission of the variety owner. In most cases permission will be given provided royalties are paid.
Where breeders of protected varieties have these exclusive rights they can, if they choose, licence others to do various things. The
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