# Plant variety protection

> Plant variety protection (plant breeders' rights) is an intellectual property right for a new plant variety that is distinct, uniform and stable, typically 20-25 years.

- Canonical: https://genetixbay.com/knowledge/glossary/plant-variety-protection.html
- Also written: PVP, plant breeders' rights, PBR, PVP certificate, breeders' rights
- Glossary category: Legal and regulatory
- Status: Draft: awaiting expert review · Updated: 2026-10-31
- Licence: CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/), attribute "GenetixBay cannabis glossary"

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](https://genetixbay.com/knowledge/glossary/upov.md). 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](https://genetixbay.com/knowledge/glossary/hemp.md) 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.

## Related terms

[UPOV](https://genetixbay.com/knowledge/glossary/upov.md), [Plant patent](https://genetixbay.com/knowledge/glossary/plant-patent.md), [Utility patent](https://genetixbay.com/knowledge/glossary/utility-patent.md), [Cultivar](https://genetixbay.com/knowledge/glossary/cultivar.md), [IBL](https://genetixbay.com/knowledge/glossary/ibl.md)

## Read more

- [Patents and the gene pool: who can own a cannabis plant?](https://genetixbay.com/knowledge/genetics-history/patents-and-the-gene-pool.md)
- [Backcrossing, IBLs and stabilisation](https://genetixbay.com/knowledge/breeding/backcrossing-ibl-stabilisation.md)

## Sources

1. UPOV. 1991. International Convention for the Protection of New Varieties of Plants (1991 Act). https://www.upov.int/upovlex/en/conventions/1991/content.html
2. Plant Variety Protection Act, 7 U.S.C. 2321 et seq.