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Plant Breeders’ Rights

Breeding of new plant varieties, particularly varieties of food or cash crops, is an important human endeavor. Such varieties are protected through Plant Breeders’ Rights (PBR). The PBR protection regime is entirely different than that of patents. At CDS-LUTHI Intellectual Property Group, we have the requisite expertise to assist you in obtaining PBRs in Israel and elsewhere.

What exactly are plant breeders’ rights?

PBR constitute a set of exclusive rights awarded to breeders for the novel plant varieties they develop. These rights grant breeders the authority to regulate the propagation material (such as seed, cuttings, divisions, and tissue culture) and the harvested material (such as flowers, fruit, and foliage) of their new plant varieties. PBRs are paramount for reaping the business benefits from breeding programs for the agricultural and horticultural sectors. The term of PBR is 20 years from the date of registration for seasonal plants and 25 years for perennial plants.

How and when are these rights secured?

For a plant variety to be eligible for PBR, it must meet the criteria of being distinct, uniform, and stable. PBR application undergoes a comprehensive examination where the novel variety undergoes growth comparison with extant varieties to confirm its distinctiveness. Upon successful evaluation, breeders are awarded exclusive rights for a designated period, upholding their intellectual contributions.

Maximize the commercial potential of your botanical innovations. Contact us today at CDS-LUTHI to learn more on the manner of protecting your novel varieties.

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