Plant Breeders' Rights
Plant Breeders' Rights are a form of intellectual property designed specifically to protect new plant introductions. They entitle the holder to prevent anyone, without authority, doing any of the following with respect to material of the protected plant:
The system depends upon a description being linked to a name.
The description of a cultivar is preferably based upon DUS testing. This assesses whether the new cultivar is clearly distinguishable from all other existing cultivars within the crop concerned (Distinct), whether the cultivar remains uniform during propagation (Uniform) and whether the characteristics of the cultivar remain stable during repeated propagation (Stable). Colour descriptions are made using the Royal Horticultural Colour Charts.
Details of the majority of plants granted PBR around the world can be found on the UPOV Plant Database.
The (proposed) cultivar name/variety denomination is checked using the latest edition of the International Code of Nomenclature for Cultivated Plants (ICNCP) and the "UPOV Recommendations on Variety Denominations". The latter is a document issued by the International Union for the Protection of New Varieties of Plants (UPOV) convention that is further explained here. This convention is signed by countries which offer Plant Breeders' Rights.
United States Plant Patents and trademark registers are also checked to ensure that the proposed name is available for use.
The following websites may be useful to those wishing to find out more about Plant Breeders’ Rights: