A breeder’s exclusive right to a plant variety may be obtained for a variety if it is distinct, homogenous, stable and new and its denomination meets the relevant formal requirements.
At national level, the exclusive breeder’s right to a variety is granted by the Director of the Research Centre for Cultivar Testing (Centralny Ośrodek Badania Odmian Roślin Uprawnych, COBORU). The territorial scope of such a right corresponds to the territory of Poland.
It is also possible to obtain an exclusive plant variety right at EU level, namely a Community plant variety right (CPVR) granted by the Community Plant Variety Office (CPVO) located in Angers, France. The territorial scope of such a right covers the entire European Union and it takes precedence over national rights.
The exclusive plant variety right gives the authorised breeder a certain degree of exclusivity for the commercial exploitation of the seed of the protected variety (production and propagation, sale, export or storage) and lasts 30 years (for vine, tree and potato varieties) or 25 years (for varieties of other genera).
We comprehensively support our Clients in obtaining and maintaining exclusive rights to plant varieties.