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Plant Variety Law The plant variety law grants an exclusive right and is comparable to the patent law. It serves for protecting plant breeding efforts and thusly promotes plant breeding. The object being protected is a specific plant variety. A variety represents the lowest rank in an ascending hierarchy (variety, species, genus, family, order, class, division).
According to the plant variety law, the term variety refers to an entity of plants or plant parts if complete plants can be once again obtained therefrom, namely within a certain taxon of the lowest rank known. Irrespective of its conformity to the prerequisites for obtaining plant variety protection, this entity 1. is defined by the expressivity of the characteristics resulting from one genotype or a certain combination of genotypes, 2. can be distinguished from all other entities of plants or plant parts by the expressivity of at least one of these characteristics, and 3. can be considered an entity with respect to its ability to be bred in an unaltered fashion.
In order to obtain plant variety protection, the plant variety needs to be distinguishable, homogenous, invariable, new and identified by a registerable variety designation.
Applications for plant variety protection need to be filed with the Federal Plant Variety Office in Hanover. As authorized agents, we would be pleased to represent you in matters related to the plant variety law. |
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