Mewburn Ellis

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EU plant variety rights and plant biotech IP: CPVR eligibility, DUS testing, enforcement, breeders’ and farm-saved seed exemptions, patentability limits, NGT reforms, and Nagoya/GRATK disclosure
PRACTICE NOTES
EU plant variety rights and plant biotech IP: CPVR eligibility, DUS testing, enforcement, breeders’ and farm-saved seed exemptions, patentability limits, NGT reforms, and Nagoya/GRATK disclosure
Intellectual property (IP) protection for plant-related inventions Protection for plant-focused inventions is available through the patent system and through plant variety protection. Plant variety rights (PVRs) are an IP right granting the owner exclusive control over commercialisation of propagation material and permitting the collection of royalties, for example by granting licences to propagate and market the variety. This Practice Note sets out the IP protection for specific plant varieties, referred to as plant variety rights (PVRs) or plant breeders’ rights. It covers the EU framework for the Community plant variety right (CPVR). It details the validity criteria for PVR protection, the standards for infringement, and the compulsory licensing of PVRs. This Practice Note also considers patent protection for plant-related inventions, including groups of plants exhibiting a shared characteristic and plant protection products such as pesticides. For guidance concentrating on the UK framework for PVRs, see
Life Sciences
UK plant variety rights and plant-related patents: validity, DUS and denomination, EDVs, infringement, exemptions and farm-saved seed, compulsory licences, Brexit and CPVR, Nagoya Protocol and GRATK Treaty
PRACTICE NOTES
UK plant variety rights and plant-related patents: validity, DUS and denomination, EDVs, infringement, exemptions and farm-saved seed, compulsory licences, Brexit and CPVR, Nagoya Protocol and GRATK Treaty
Plant-focused inventions can obtain intellectual property (IP) safeguards through both the patent route as well as through plant variety protection mechanisms. Plant variety rights (PVRs) constitute an IP right that grants exclusivity over the commercialisation of propagating material, allowing the owner to earn royalties, for instance by lawfully licensing others to multiply and sell the variety. This Practice Note sets out the IP protection for discrete plant varieties, referred to as plant variety rights (PVRs) or plant breeders’ rights. It outlines the UK framework, in particular under the Plant Varieties Act 1997 (PVA 1997), governing UK PVRs. It details the applicable criteria for validity, the infringement assessments, and the circumstances for compulsory licences of PVRs. The Note additionally also addresses patent coverage for plant-related inventions, including groups of plants sharing a common characteristic and plant protection products, such as
Life Sciences
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