The effort, time and resources invested for developing a plant variety with improved properties (withstand pests, changes in the ground…), may be protected as a plant variety.
Object of protection
The plant variety is a plant grouping within a single botanical taxon of the lowest known rank that can be:
- Defined by the expression of the characteristics resulting from a certain genotype or combination of genotypes;
- Distinguished from any other plant grouping by the expression of one of these characters at least;
- Considered as a unit, capable of replication without change.
The plant variety must be new, distinct, uniform and stable.
- New: If it has not been sold or delivered by or with the consent of the breeder before the filing. (There are some exceptions and special conditions)
- Different: if it is clearly distinguishable from existing varieties
- Homogeneous: if the variety is uniform.
- Stability: if it remains unchanged after reproduction.
Twenty (20) years from the date of granting the Plant Breeders’ Right (PBR) or twenty-five (25) years for trees and vines.
The right is granted to the breeder, who is the person who o bred, or discovered and developed a variety. It can also be considered as breeder the employer or person who commissioned the work.
The national authority is the Ministry of Agriculture.