Plant variety protection (PVP), called plant breeders' rights (PBR) in many countries, grants a breeder exclusive rights to produce and sell propagating material of a new variety. To qualify, the variety must be new (not sold too early), distinct from known varieties, uniform, and stable over generations, tested in what is called DUS testing.
In practice
Most national PVP systems follow the UPOV Convention. Typical protection is 20-25 years, longer for trees and vines. PVP usually includes a breeder's exemption, so others may use a protected variety to breed new ones, and many systems allow farmers to save seed for their own use within limits. In the US, the Plant Variety Protection Act covers seed-reproduced and, since 2018, asexually reproduced varieties, and hemp varieties have received certificates.
The uniformity and stability requirements make PVP a high bar for many cannabis "strains", which are often one-generation crosses.
Rules differ by country, state, province and city, and change often. This is a general definition, not legal advice: check local rules.
Don't confuse with
- Plant patent / utility patent: patent law, generally without a breeder's exemption.
- Trademark: protects a name or brand, not the genetics.
