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:

1. Defined by the expression of the characteristics resulting from a certain genotype or combination of genotypes;
2. Distinguished from any other plant grouping by the expression of one of these characters at least;
3. Considered as a unit, capable of replication without change.

Protection requirements
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.

Protection period
Twenty (20) years from the date of granting the Plant Breeders’ Right (PBR) or twenty-five (25) years for trees and vines.

Holder
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.

Responsible entity
The national authority is the Ministry of Agriculture.

Versión en español | Spanish version