A plant variety is a distinct group of plants within a botanical species that is defined by specific characteristics such as morphology, genetic composition, physiological traits, or other identifiable features.
These characteristics must enable the variety to be clearly distinguished from other known varieties and remain stable through propagation. Plant varieties may include clones, lines, hybrids, or other plant populations that possess uniform and stable characteristics.
Plant variety protection grants breeders exclusive rights to produce, reproduce, sell, and distribute planting material of the protected variety.
Rights to plant varieties
Legislation provides several types of rights relating to plant varieties:
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Breeder’s moral rights, confirming authorship of the variety;
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Property rights to the plant variety, granting exclusive control over its commercial use;
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Rights for commercial distribution of the plant variety.
These rights are confirmed through official documents issued by the competent authority responsible for plant variety protection.
Requirements for plant variety protection
To obtain legal protection, a plant variety must meet internationally recognized criteria known as the DUS requirements:
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Novelty – the variety must not have been previously commercialized within the period defined by law;
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Distinctness – the variety must be clearly distinguishable from existing varieties;
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Uniformity – plants of the variety must be sufficiently consistent in their characteristics;
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Stability – the defining characteristics must remain unchanged after repeated propagation.
The variety must also have an approved denomination and comply with regulatory requirements for distribution in the relevant jurisdiction.
Duration of plant variety protection
Protection for plant varieties is granted for a limited period:
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35 years for woody plants, vines, and trees;
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30 years for other plant species.
The protection remains valid subject to the timely payment of maintenance fees.
Information required for filing an application
When applying for protection of a plant variety, the following information is generally required:
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details of the breeder or applicant;
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the proposed denomination of the variety and the botanical classification;
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information about the breeding method and characteristics of the variety;
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evidence of prior applications or commercial use (if applicable);
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photographs illustrating the distinguishing features of the variety;
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samples of seeds or planting material.
Our services in plant variety protection
Our firm provides legal assistance in obtaining and managing plant variety rights in Ukraine.
Our services include:
Legal advice and preparation of applications
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assessment of compliance of the plant variety with legal requirements;
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preparation and filing of applications for plant variety protection.
Application management
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representation before the competent authority during examination procedures;
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handling all formalities and payment of official fees.
Maintenance of plant variety rights
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monitoring deadlines and maintaining the validity of plant variety patents.
Licensing and commercialization
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drafting license agreements for the use of plant varieties;
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preparation of assignment agreements for the transfer of rights.
Our lawyers assist breeders, agricultural companies, and research institutions in securing and managing plant variety rights effectively.