Plant breeders can apply for a national plant variety protection title in most European Union (EU) member states. This is notably the case in France (for more details, see our article "How to obtain a Plant Variety Certificate (PVC) in France" ).
It is also possible to apply for EU-wide protection by means of a single application to the Community Plant Variety Office (CPVO; for further details, see our article entitled "Acquisition of a Community Plant Variety Right (PVR): instructions for use").
Legislation in most countries provides for the protection of new plant varieties. This is notably the case for member countries of the Union for the Protection of New Varieties of Plants (UPOV) (governed by the Convention for the Protection of New Varieties of Plants).
GOOD TO KNOW: Some intergovernmental organizations have adopted a system of plant breeders' rights covering several territories, following the example of the Community COV. This is the case, for example, of the African Intellectual Property Organization (OAPI, member of UPOV), which allows for the registration and issuance of a certificate valid in its 17 member states. More recently, this has also been the case for the African Regional Intellectual Property Organization (ARIPO, not yet a UPOV member), since November 24, 2024.
However, ratification of the UPOV Convention (for UPOV member countries), or national legislation establishing the VOC (for non-member countries), does not guarantee effective implementation of national legislation. In some countries (including UPOV member countries), the required legislative instruments are not yet in force, or are not yet applied, or have not yet been finalized.
In addition, a number of restrictions, limitations and conditions may apply, particularly in countries that are not yet UPOV members.
For example, some countries (whether UPOV members or not) have chosen to restrict the plant species that can be protected by a plant variety certificate (PVC). In such cases, the competent office maintains a list of eligible plant species.
GOOD TO KNOW: Countries imposing restrictions on the species eligible for VOC protection generally offer breeders the opportunity to submit a reasoned request for new species to be included on the list.
In some countries, the rules are so strict as to make it virtually impossible to register and use a VOC. This is the case, for example, of territories in which a VOC application can only be filed by a company domiciled in the territory in question. In addition, the variety may only be exploited in the territory in question, and only by the company in question.
Specific constraints may also apply. For example, some countries require that all or part of the documents making up the application be notarized and/or apostilled, or that a sworn translation of all or part of the documents be provided, which entails additional costs.
It is important to note that some countries in which no VOC protection is available require official registration of the plant in order to exploit it in the territory in question.
GOOD TO KNOW: There are countries in which no VOC protection is available, but plant protection by patent is possible.
While the legislation of most countries provides for plant variety protection (offering the possibility of obtaining national and/or regional VOCs), a number of restrictions, limitations and conditions may apply.
Have you developed a new plant variety? Do you have any questions about it?
REGIMBEAU's teams are at your disposal to support you in your efforts to protect it, whether through a national Plant Variety Certificate (PVC), a Community PVC, or internationally.
Published by
Aurélia Vavasseur, Ph.D
French Patent Attorney European Patent Attorney