A brief guide to EU Community Plant Variety Rights

A Community plant variety right, or CPVR, provides unitary protection for a qualifying new plant variety across all 27 Member States of the European Union through a single application to the Community Plant Variety Office.

A CPVR can help breeders protect their investment, control the commercialisation of propagating material, generate licensing and royalty income and support international commercial partnerships.

What can be protected?

Protection is available for varieties of all botanical genera and species. The variety must be:

• Novel: it must not have been sold or otherwise disposed of for exploitation beyond the applicable period before filing.
• Distinct: it must be clearly distinguishable from other varieties whose existence is a matter of common knowledge.
• Uniform: its relevant characteristics must be sufficiently consistent.
• Stable: its relevant characteristics must remain unchanged after repeated propagation.

The variety must also have an acceptable variety denomination, and the applicant must be entitled to apply.

Who can apply?

An application may be made by the breeder or the breeder’s successor in title. Ownership and entitlement should be considered before filing, particularly where the variety has been developed by employees, consultants, universities or collaborating organisations.

Applicants without a domicile, seat or establishment in the European Union must appoint a procedural representative established in the EU.

How is an application made?

Applications can be filed online with the Community Plant Variety Office. An application will normally include:

• details of the applicant, breeder and representative;
• the botanical taxon;
• the breeder’s reference and proposed denomination;
• details of earlier applications and any priority claim;
• information about earlier commercialisation;
• a technical questionnaire; and
• evidence of entitlement where required.

The Community Plant Variety Office examines the formal requirements, novelty, entitlement and denomination before arranging DUS examination through an entrusted examination office. Plant material must be supplied in accordance with the applicable requirements and closing dates.

Where a suitable DUS report already exists, the Community Plant Variety Office may be able to take over that report instead of commissioning a new examination.

Does a CPVR cover the UK?

No. A CPVR covers the European Union but does not provide protection in the UK for a new variety. Separate UK and EU applications are generally required where protection is wanted in both territories.

What protection is provided?

The holder can generally control specified activities involving propagating material, including production, reproduction, conditioning for propagation, sale, export from the EU, import into the EU and stocking for those purposes.

A CPVR generally lasts for 25 years, and up to 30 years for vines, potatoes and trees, subject to annual fees and the applicable requirements.

How can we help?

Venner Shipley can assist with CPVR filing and prosecution, representation of non-EU applicants, novelty and entitlement, priority, denominations, DUS examination, assignments, portfolio management, licensing and enforcement. We can also coordinate parallel UK and EU applications.

Speak to our team about your community plant variety rights.