UPOV is an intergovernmental organisation based in Geneva, set up by the International Convention for the Protection of New Varieties of Plants of 1961. The convention was revised in 1972, 1978 and 1991. Member states write national plant breeders' rights laws in line with one of these Acts.
In practice
The 1991 Act sets the main rules: protectable varieties must be new, distinct, uniform and stable; protection lasts at least 20 years (25 for trees and vines); a breeder's exemption allows protected varieties to be used for further breeding; and saving farm seed is an optional exception member states may allow within limits. It also introduced "essentially derived varieties", so minor modifications of a protected variety cannot escape the original rights.
UPOV is debated: supporters say it rewards breeding investment; critics argue it restricts farmers' seed saving and favours commercial breeders over traditional ones.
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
- Nagoya Protocol: about access to genetic resources and benefit-sharing, not breeders' rights.
- WIPO: the UN agency for intellectual property in general.
