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Plant Variety Rights
Plant breeders who have produced new varieties of plants can protect their new variety using Plant Breeders’ Rights (PBRs). In some countries, these are known as Plant Variety Rights.
Applications for PBRs in the UK are filed with the Plant Variety Rights Office of the UK’s Animal and Plant Health Agency (APHA). They provide information on their website regarding the requirements and processes for applying for a UK PBR.
Applications are filed via the UPOV PRISMA system. We are listed agents in the PRISMA system and would be happy to assist you with filing or maintaining your application.
Following the exit of the UK from the European Union, a UK contact address is required for new UK applications. A UK address will also be required in due course for all UK PBRs. We are able to act as a UK address for service for overseas applicants and rights holders.
Plant Variety Rights in the EU are now separate to those in the UK, and can be applied for via the Community Plant Variety Office.
Community Plant Variety Rights (CPVRs) ceased to have effect in the UK at the end of the Brexit transition period on 31 December 2020. For most CPVRs which were in force at that time, equivalent UK PBRs have been created. A list of the newly created UK PBRs is available here. For CPVRs and applications for which a transferred right has not been created, it is possible to file a new UK application. If filed before 30 June 2021, these new UK applications can claim the priority date of the corresponding CPVR and make use of the EU DUS testing.
National List
Some varieties of plants must be added to the UK’s National List to be marketed in the UK. A list of varieties that require listing in the UK can be found along with other information on the National List here.
For plant varieties requiring National Listing for marketing in the UK, an application can be filed separately or alongside a PBR application via UPOV PRISMA.
Further information
For more information or assistance with your Plant Breeders Rights or National Listing, please contact Matthew Ridley (mridley@boult.com) or Frances Baxter (fbaxter@boult.com).