What are “new plant variety” rights?
Protecting new plant varieties involves ensuring they meet criteria such as novelty, distinctness, uniformity, and stability. While patents were previously used to protect new plant varieties in France and Germany, special laws are now used in most countries due to the unique nature of new plant variety rights. Once a new plant variety is granted protection, commercial production or sale of breeding materials is prohibited without permission. Similarly, cultivation or sale of seedlings of the protected variety requires the consent of the right holder.