Changes to P.V.R.

Press, 5 August 1988, Page 18

Changes to P.V.R.

New plant variety rights legislation, giving wider protection to plant breeders, is now in force in New Zealand.

The Plant Variety Rights Act 1987 came into force on June 16 and replaces similar legislation made in 1973. The protection given to the breeder of a new plant variety by a grant of plant variety rights is similar to that given to inventors through patents. The breeder is given the exclusive right to sell seed or reproductive material of the new variety, or to license others to do so. A breeder is also entitled to royalties on the sales of

seed and reproductive material. Since their introduction in 1973, 653 rights have been applied for, involving 89 different kinds of plants. Some of the more signi-

ficant changes are:

© Breeders of fruit and cut-flower ornamentals will have more extensive rights. They will have the legal right to collect royalties, from commercial fruit growers or flower producers who multiply a protected variety for their own commercial use. ® The action that holders of plant variety

rights can take against those infringing their rights is more clearly spelt out. 0 Rights will remain valid for longer. For woody plants, such as fruit and ornamental trees, the term has been increased from 18 to 23 years.. Crops, pasture plants, and vegetable rights will be valid for 20 years instead of 15. © Holders of plant variety rights will have some control over importation of their variety from overseas.

A guide to the new legislation has been published by the Ministry of Agriculture and Fisheries.