Plant Breeders' Rights

The development of new varieties of plants is a vital part of the agricultural sector, especially in a country like South Africa with a big agricultural sector. Plant Breeder’s Rights is a type of intellectual property right which affords the breeder the right to call a new variety of plant they have created as their own intellectual property. It protects them against third parties who breed that variety or derivatives thereof without permission. Furthermore, it allows the plant breeder to gain remuneration for their particular plant breed by earning royalties when it is used. Protection by way of a plant breeder’s right may be obtained in respect of new varieties of certain ‘kinds of plants’ by filing an application for registration under the Plant Breeders’ Rights Act. Contact us now for details on protectable subject matter, as well as our services pertaining to Plant Breeders’ Rights in South Africa and worldwide. South Africa is a member of the UPOV Convention for the Protection of New Varieties of Plants, and the WTO / TRIPS.