COUNTRY : NEW-ZEALAND
CAPITAL : CANBERRA
LANGUAGE : ENGLISH
The Plant Varieties protection in New Zealand The Commissioner Intellectual Property Office of New Zealand, Plant Variety Rights, Ministry of Business, Innovation & Employment.
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
Plant Breeders Rights in New Zealand are protected by: Plant Varieties Act 1987
The Act protects New Plant Varieties which are:
- Designated by proper denominations.
New Varieties designated by means of a denomination proposed by the applicant and approved by the Commissioner.
The Act does not protect the denomination given to such variety, if:
i. applications for the grant of protection are incompatible with the Act or Regulations
ii. the variety for which application filed, is not new
iii. such applicant is not entitled to make the application as per law.
PartityPatents through it's associate Law Firms in New Zealand, is at hand to help you with Plant Varieties protection and registration.
- Breeders or Discoverers of the applied variety
- Successors – in – title
- Agents on behalf of the owner
Application made for protection under the Act to contain the following requisites:
• Quantity of seed as prescribed for the applied variety
• Completed technical questionnaire concerning the applied variety
• Colour photos of the propagating material of the applied variety
• Address for service in New Zealand along with prescribed fee
• Priority details if any
• All other details as required by the commissioner
• A proposed denomination for the variety applied
• Prescribed fee for trials and examinations
• Such reproductive material of the variety as specified by the Commissioner.
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- Upon application being compliant, it is published .
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit.
- There being no objections or objections successfully overcome by the application, Commissioner to grant registration to the applied variety.
- Interested third parties may object to the application post grant as well if the objecting person considers the applied variety is not new, distinct, stable and homogenous
Owners of the registered plant variety may:
• Sell and produce the plant variety in New Zealand for the purposes of selling the propagating material of the protected plant variety
• Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
• Use the propagating material where the protected plant variety consists of ornamental plants or cut flowers or parts thereof normally marketed
• Plant Breeders Rights may be assigned, mortgaged, disposed off and transferred.
Duration of Registration:
Non – Woody plants : 20 yrs. from the date of grant of registration.
Wood plants – 23 yrs. from the date of grant of registration.
Authorities may issue compulsory licenses in the following circumstances, 3 yrs. post grant of registration if:
• Reasonable quantities of the propogative material
• Reasonable quality of the applied variety
• Are not available for purchase by the general public at reasonable prices.
ParityPatents through its Lawyers and Attorneys specialised in Plant Breeders Rights and Plant Varieties Protection can comprehensively assist you with Compulsory Licence matters in New Zealand.
Note that our costs for filing a PVR application in New Zealand are our fees of US$ 1000 plus official fees (which vary depending on the variety and are between US$ 300 – US$ 430 plus GST if any).
Progressing the application to grant is charged on a time basis, and there are further official fees payable at examination, trialling and grant stage (again depending on the variety concerned).
For further information firstname.lastname@example.org