The changes seek to improve confidence and certainty for plant breeders and importers operating in New Zealand by better incentivizing them to make the time, cost and risk commitments involved in developing and introducing new plant varieties.
The announced changes include:
- extending the maximum term of plant variety rights by five years for both existing and new rights. For woody plants or its root stock or a potato, this will extend the maximum term from 25 years after the PVR was granted to 30-years; while the maximum term for all other PVRs will extend from 20 years after the PVR was granted to 25-years.
- reinstating provisional protection enforcement rights. When the Plant Variety Rights Act 2022 replaced the Plant Variety Rights Act 1987 it removed the applicant’s ability to commence an alleged infringement action between the date of application and the determination of whether a grant will be made. By reinstating such provisional protection, plant breeders will not have to wait the 5 or more years it can take to obtain grant.
- aligning the PVR and patents fee frameworks to support a more sustainable system and help keep fees for PVR users stable over time. At this stage it is not clear whether this means PVR fees will be subsidised by patents fees. In terms of fees framework it is noteworthy that apart from the common elements of application, examination and renewal fees, PVR applicants also have field trial costs.
Authors: Quinn Miller and Jim Piper
