Animal Plant Health Agency
Intellectual property rights over plant varieties in the UK are known as plant breeders rights (PBR). The Animal and Plant Health Agency (APHA) awards rights for the UK.
Adding a plant variety to the UKs national lists lets you market them. It has a different application process that is separate to plant breeders rights. Read guidance on how to add a new plant variety to the national lists.
You can apply for plant breeders rights and national listing at the same time for agricultural and vegetable varieties. If you do, youll only have to pay for the cost of one application.
If you apply for plant breeders rights and national listing separately, youll have to pay the cost of 2 applications.
Read about farm saved seed and how to declare you use them.
Who can apply for PBR
You can apply for PBR if youve:
- bred or developed a plant variety
- been chosen by the breeder as their successor
You cannot apply for rights to a plant you have bred, discovered or developed for a company who employs you. Your employer must apply for the rights.
Check your variety is distinct, uniform and stable
After you apply for plant breeders rights, your plant variety must be tested to check if its a new variety. This is known as DUS (distinct, uniform and stable) testing.
What plant varieties you can get rights for
You can get rights for new plant varieties, including genetically modified varieties.
You can register your variety in the UK even if youve already registered it in another country. Your UK cover will be backdated to the start of the first protection you were granted.
You cannot get rights for a variety that has been sold or used for commercial use:
- in the UK for more than 1 year before you apply
- outside the UK for more than 4 years before you apply (6 years for trees and vines)
Priority dates
The date yourPBRapplication is received is known as a priority date. It gives you rights over a plant variety from that date if you are grantedPBR.
During the application period you have rights over your variety from the date its published in thePlant Varieties and Seeds Gazette.
After the priority date no one, without your authority, can:
- produce or reproduce the plant variety
- propagate the plant variety
- offer for sale the plant variety
- sell or market the plant variety
- export the plant variety
- import the plant variety
- stock the plant variety
You can take someone to court if there is any infringement after the priority date.
Parallel applications in more than one country
A parallel application is a PBR application for the same plant variety accepted in another country. Your UK rights will start on the date (priority date) on which the parallel application was made, not the date you applied for UK PBR.
You can use an early priority date for your UK PBR application, if you have previously applied for PBR:
- in an EU member state
- to a member of the Union for the Protection of New Varieties of Plants (UPOV)
You must have made your parallel application in the last 12 months.
You should add your parallel application documents to your UPOV PRISMA UK application. The documents must be certified as a true copy by the authority the application was made to.
If you have not included the documents in your UPOV PRISMA UK application you must, within 3 months of submitting your UK application, send a copy to APHA by email pvs.helpdesk@apha.gov.uk
You must include in the email:
- your UPOV PRISMA UK application number
- the species you are registering
- your application for protection number (AFP) issued to you by APHA (if known)
If you do not meet the requirements, your rights to the early priority date of the parallel application, will be lost.
How PBR can protect your plant varieties
PBR means that nobody can, without your permission, use your plant species for:
- production or reproduction
- selling or offering for sale
- altering so it can be propagated
- exporting or importing
- keeping stock of your plant species for any reason
Your rights last for:
- 25 years for plants
- 30 years for trees, vines and potato varieties
Apply for plant breeders rights
To get rights for your plant variety, you must follow these steps:
Create your own breeders reference - this is a unique reference you must give to each new variety. (If youve already named your variety, that can be your breeders reference.)
Get consent for genetically modified varieties.
When you have done this, you can then apply by following these steps:
Apply online using UPOV PRISMA.
Send your sample to be tested for DUS.
Name your variety
You must name your new variety. You cannot get plant breeders rights without an approved name.
Most plant breeders work in the UK and the EU. This means the same name is often used for registering and future marketing, if your variety name is accepted.
Youll need to pay if you want to change a name after you have been granted rights.
How to choose a name
Choose a name that:
- is not already used by a variety of the same species
- cannot be confused with the name of another variety or other goods
- does not cause problems with recognition or production
- accurately represents the variety or its characteristics
You can use a trademark or trade name when you sell seeds of the plant, but the name registered on the national list must be shown on the packaging.
Submit your name proposal
You should send your naming proposal as soon as possible. Email it to pvs.helpdesk@apha.gov.uk and include your AFP number in the email with your proposed name. It can take up to 5 months to accept a proposal.
If youve not chosen a name when you submit your application, you can submit one by email during the application period.
Objections to a proposed name or proposed change of name
Anyone can object to the naming of a variety. This is known as making a representation.
Contact the Animal and Plant Health Agency (APHA) to make an objection within 3 months of the decision being published in the Seeds Gazette.
APHA will respond explaining the objections process and how you can pay the 30 fee to make an objection.
APHA will write to you and tell you if your objection is successful or not.
Get consent for genetically modified varieties
To apply for breeders rights for a genetically modified plant variety you must:
- get consent before you apply
- inform APHA
You will need to get consent from the relevant organisation. You should include a copy of your consent in your application for PBR.
Marketing consent for food and animal food
Contact the Food Standards A