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Why apply for plant variety rights?

It is possible to register and protect new plant varieties in New Zealand.

Applying for Plant Variety Rights (or PVRs) is one way to commercially protect the efforts of a plant breeder and many businesses dependent on the development of new plant varieties file for plant variety rights in New Zealand and overseas.

This protection extends to virtually any kind of plant which fulfills the criteria of being new, distinct, homogeneous and stable. The monopoly afforded to a plant variety right owner includes the exclusive right to produce propagating material of the protected variety. In some cases this monopoly extends to the fruit, flowers or other products of the variety for sale.

Once these rights are granted, the breeder has the exclusive right to:

  • Produce for sale any reproductive material of that variety;
  • Sell any reproductive material;
  • Propagate the variety for commercial production of produce: or
  • Authorise anyone to do any of the above.