Who IP Rights Can Apply on The New Plant Variety?


There are many products, items, works, and other intellectual properties that are recognized and protected such as the copyright logo Dubai UAE. The plant varieties introduced by a breeder can also be considered intellectual property that is internationally used to protect plant variety rights.  Its application and trademark registration agents can help you to protect your plant variety rights just like they protect the rights for a book or patent protection. This plant variety right will ensure the breeder can reproduce or sell the seeds of his own will and benefit.

International variety protection

The International Union for the Protection of new plant variety (UPOV) is the organization that acts legally and has official headquarters in Geneva. This organization was established in 1961 by the international plant variety protection convention. They recognize the plant variety as an intellectual property right for plant breeders all over the world. This convention was renewed in 1972, 1978, and 1991 in Geneva.

Plant variety protection rights requirements

There are many varietal tests that have to perform before variety protection. The plant variety must undergo certain growth and quality tests to find out its distinctness, uniformity, and stability (DUS). These variety tests for each crop take a certain time, but for most of the crops, it takes around 2 years. Just like trademark registration agents have certain rules and regulations for IP protection similarly the plant breeder can certify their varieties by qualifying these tests.

Distinctness of plant variety

There should be one or more characters in the plant variety to ensure its distinctness from the other existing varieties. These distinct characteristics are associated with the same species. Such as a new rice variety will test against the existing rice variety for some distinguishable features. The distinctness may be genetic or physical traits of the plant variety.

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Uniformity in plant variety

When we talk about the new distinct variety we have to ensure that all the individual plants in this recognized variety must contain uniform characters over the generations. The distinct traits must stay uniform in every reproduced breed in the future.

Stability of plant variety

The plant variety is said to be stable if it has true to type characteristics from one generation to the other. This test must be cleared for the new plant variety to register for the plant variety protection rights.

Need for plant variety testing

These District, uniform, and stable tests are performed for each new variety and the experts will evaluate and examine all the results to ensure the new variety is worth registration or not. This plant variety right is registered for 25 years for every type of plant species except trees and bulbs like potatoes which have a registration duration of 30 years.


When a plant variety is prepared and released, this can be reproduced and multiplied by any plant breeder. Hence the chances of its right robbery increase. Others can rob the breeders to gain benefits from the investors. Thus, there are plant protection agents just like trademark registration agents who will protect the significance and independent authority of breeders towards new plant varieties. There is a need for plant variety protection in society and internationally just like we have to protect our intellectual property like copyright logo Dubai UAE.

Originally posted 2022-04-21 11:10:01.

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