A brief guide to UK Plant Breeders’ Rights

Developing a successful new plant variety can require significant time, expertise and investment. UK plant breeders’ rights provide intellectual property protection for qualifying varieties and can help breeders control commercialisation, generate licensing income and protect the value of their innovation.

What can be protected?

Protection is available for new varieties of all botanical genera and species, including agricultural crops, vegetables, fruit and ornamental plants.

To qualify, a 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.

Distinctness, uniformity and stability are assessed through DUS examination. The Animal and Plant Health Agency (APHA) will usually request seeds or other plant material for testing. Depending on the species, DUS examination commonly takes between one and four years, although additional testing may sometimes be required.

Who can apply?

The right to apply generally belongs to the breeder or the breeder’s successor in title. Where a variety has been developed by an employee, the employer will generally be entitled to apply. Ownership should be reviewed carefully where universities, consultants, research organisations or collaborating parties have contributed to the breeding programme.

How is an application made?

Applications are made to the APAH, which administers UK plant breeders’ rights. An application normally includes:

• details of the applicant and breeder;
• the species and breeder’s reference;
• a proposed variety denomination;
• information about previous commercialisation and applications;
• a technical questionnaire; and
• details of any previous or ongoing DUS examination.

If suitable DUS testing has already been undertaken elsewhere, it may be possible to purchase and use an existing technical report. The UK accepts EU reports for certain species where the testing is comparable and the UK does not have the necessary testing capability.

Do I also need EU protection?

Yes, if protection is wanted in both territories. For new varieties, separate UK and EU applications are generally required. A Community plant variety right does not provide UK protection.

What protection is provided?

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

UK rights generally last for 25 years, or 30 years for potatoes, trees and vines, subject to payment of annual fees and compliance with the applicable requirements.

How can we help?

Venner Shipley can assist with filing strategy, novelty and entitlement, applications and technical questionnaires, variety denominations, DUS examination, assignments, portfolio management, licensing and enforcement.

Speak to our team about your UK plant variety rights.