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Plant Variety Rights
If you discover or create a new plant variety, you can acquire rights similar to a patent to protect and commercialize your plant variety.
What is a plant variety right?
It is an intellectual property right associated with any variety of plant, excluding algae and bacteria. Plant variety rights are intended to encourage people to develop and protect new plant varieties.
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It will only be granted if the plant is new, distinct, sufficiently uniform and stable, has an acceptable denomination and complies with all of the formalities.
What does a grant for plant variety rights give me?
Plant variety rights give you the exclusive right to sell, license and use your plant. It enables you to collect royalties from a licensing agreement and bring any action against anyone infringing on your rights.
What if my plant variety has already been sold in NZ/internationally?
Rights cannot be granted if at the time of the application:
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It has been sold in New Zealand for more than 1 year.
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It is a woody plant that has been sold overseas for more than 4 years, or a non-woody plant has been sold overseas for more than 6 years.
Can other people grow my plant variety?
Yes, but only for a non-commercial purpose. People can use the plant or part of it for human consumption or non-propagating purposes.
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