What is a Plant Variety Right in Singapore and Malaysia?
If you breed plants, and you have discovered and developed a new plant variety, you can seek protection for your new plant varieties by applying for a Grant of Protection for a Plant Variety with IPOS. Having a grant of protection provides an exclusive right to prevent others from doing any of the following acts in respect of the propagating material and/or harvested material of the protected plant variety without the PVR owner’s authorisation:
- production or reproduction;
- conditioning for the purpose of propagation;
- offering for sale;
- selling or other forms of marketing;
- exporting;
- importing;
- or stocking for any of the aforesaid purposes.
This right, however, does not extend to use of the protected plant variety for private, non-commercial, experimental, research purposes, or for the purpose of breeding other varieties.
Plant Variety Rights: What you need to know
In order to obtain a PVR, the variety must be New, Distinct, Uniform and Stable.
- New: A plant variety may be considered to be ‘new’ (novel) if harvested or propagating material has not been sold or otherwise disposed of to another person in Singapore for more than one year; or more than six years in any other country (if the variety is a tree or a vine); or more than four years (for other plants) before the PVP application is made.
- Distinct: The variety is clearly distinguishable from other varieties whose existence is a matter of common knowledge at the time of filing of the application. A variety that is of common knowledge does not have to be a protected variety.
- Uniform: The variety is sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.
- Stable: The relevant characteristics of the variety remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.
Applications for new PVPs must also contain a description of the plant variety, including pictorial representations, a proposed denomination (trade name) for the plant variety which qualifies for approval, and other particulars. Missing particulars need be rectified within two months of the original application.
Denomination: A denomination is the distinguishing name or identification for the plant variety. The applicant for the new variety must propose a suitable denomination as its generic designation for approval. Some denominations are not acceptable, for example:
- Denominations with numbers only
- Misleading or confusing denominations
- Denominations that are contrary to public policy or morality
- Denominations confused with trade mark
UPOV (International Union for the Protection of New Varieties of Plants)
Singapore
In Singapore, a Plant Variety Protection (PVP) application may be filed either with or without a foreign priority claim. The deadline for filing a PVP application claiming priority is 12 months from the date of filing in a foreign UPOV member. If the foreign priority application is not in English, a certified copy of an English translation is required.
Malaysia
Malaysia is not yet a UPOV member. A PVP can be filed with or without a priority claim. The deadline for claiming priority from any foreign country is 6 years for trees and vines and 4 years for other plants.
How long does protection last?
The Term of Grant in Singapore 25 years’ subject to the payment of annual fees and information from the grantee relating to the plant’s stability and uniformity and availability of propagating material is due on the anniversary of filing.
Similarly, in Malaysia the term of protection is 25 years for trees and vines and 20 years for other plant varieties. The right to the PVP must be renewed every year. The Malaysian Department of Agriculture may require a deposit of sample by the Applicant.
Things to watch out for in Singapore
PVR applications in Singapore must be filed in English. Also please bear in mind that Singapore is a relatively small island with limited agriculture space within which to perform large scale growing of varieties for DUS examination. Consider the nature of the variety and whether it would be more pragmatic to nominate an external examination site or rely on an examination result from another UPOV member.
If you would like more information on plant variety rights or would like us to file an application to protect your plant variety in the Singapore or Malaysia, please contact Marks & Clerk.