New Plant Varieties – How Can You License and Protect Yours?

Gardening enthusiasts and plant breeders love working on new plant varieties which are better, stronger, more adaptable, producing superior crops or simply being more beautiful or different in some way. It is not enough, however, to have a single plant specimen to exhibit new features. You need to accomplish more before you think of protecting and licensing a new plant variety.

Plant protection is granted when certain criteria are met: the variety must be new, uniform and distinct. Also, it must present itself as stable (does not change with new generations or new plants; the traits stay the same over time). In addition, there are several formalities to comply with. Another important criterion is connected to plant distribution. In the end, one must also choose the denomination for the new variety and it must be a suitable one.

If the technical criteria mentioned above is unclear or is not met as expected, then the gardener may opt for professional breeder services. An expert horticulturist can help them develop the new variety in accordance with their plan: the features or improvements they want to see in the new plant. The horticulturist can apply the breeding methods correctly and also control the environment in order to help the plants become stable.

The authority concerned with new plant variety protection is the International Union for the Protection of New Varieties of Plants. Check the UPOV website for more information. This can get you the Plant Breeder's Right or the PRB. Thus, your variety is protected and it can't be exploited unless you give your consent. Unless you have obtained this, you cannot market and sell your plants as a new variety. Once you have, however, it will help you get the recognition you deserve and promote your creation as desired, with the prospects of great success. After all, it's the new plant varieties that are sought after to improve gardens and to make agriculture provide more.

The application system is the same for all the countries that are UPOV members. Note that a newly made variety has to be inspected by a UPOV member beforehand.