Plant Variety Rights

(PVRs)

Experts in IP Protection for Plant Variety Inventions


Improvement of crop and ornamental species by genetic modification or modern breeding techniques remains a significant area of innovation. A number of IP rights may be suitable for protecting plant inventions, including patents, trade marks, plant Variety Rights (PVRs) and entry on the national list or common catalogue. Our experienced IP specialists are well placed to assist our clients in this area, having a wealth of practical experience.

In Europe, individual plant varieties that are distinct, uniform and stable can be protected either nationally or at European Community level. Separately, European and national patents can be obtained for plants and plant-related inventions which are not restricted to plant varieties per se, although certain plant breeding methods and plants obtained by those methods are excluded from patentability.  Despite the EU’s strict policies on growing genetically modified crops and uncertainty surrounding the use of genetic resources in plant breeding, there is considerable commercial interest in these technical areas and in IP protection for the output of biotech research and classical breeding programs.

Our expert IP team is led by Frances Salisbury, who has a PhD in plant molecular genetics. An expert in this field Frances has completed the official World Intellectual Property Organisation (WIPO) course on Plant Variety Protection under the UPOV Convention.

Read our Plant Variety Rights Law and Practice guide.

Read our blogs

UPC Weekly - The 9 second rule at the UPC

UPC Weekly - The 9 second rule at the UPC

by Matthew Naylor

2024 Week 50 Does it matter who gets to the doors of the UPC first? Does it matter if you get there too early? The UPC Central Division Milan has been exploring these basic questions in Pfizer v ...

UPC Weekly - Very appealing – preliminary injunction overturned

UPC Weekly - Very appealing – preliminary injunction overturned

by Matthew Naylor

2024 Week 49 SharkNinja have managed to persuade the UPC Court of Appeal to overturn a preliminary injunction awarded to Dyson. We investigate what made the difference in the appeal and consider what ...

UPC Weekly - Front-loading and obviousness at the UPC

UPC Weekly - Front-loading and obviousness at the UPC

by Matthew Naylor

2024 Week 48 In NJOY v VMR, the UPC Central Division Paris revoked VMR’s patent EP 3456214 B2 on 27 November 2024. The patent was held to be obvious, despite being maintained in amended form by the ...

UPC Weekly - UPC finds infringement using a doctrine of equivalents

UPC Weekly - UPC finds infringement using a doctrine of equivalents

by Matthew Naylor

2024 Week 47 Back in June 2024 (UPC Weekly 2024 week 23), we set out a few “known unknowns” – important developments in UPC case law that we expected to come in due course. New UPC decision Plant-e v ...

Resistance is futile – how new tech tackles AMR

Resistance is futile – how new tech tackles AMR

by Emily Lythell

Antimicrobial resistance (AMR) refers to the ability of microorganisms—bacteria, viruses, fungi, and parasites—to evolve and resist the effects of drugs that once effectively killed or inhibited ...

UPC Weekly - UPC dials up the advantages for patentees

UPC Weekly - UPC dials up the advantages for patentees

by Matthew Naylor

2024 Week 46 We report this week on two new UPC decisions that make the UPC an even more attractive choice for patent holders seeking to enforce their European patents. The headlines are that: (i) ...

Forward Magazines 4

Mewburn Ellis

FORWARD MAGAZINE

Mewburn Ellis Forward is a biannual publication that celebrates the best of innovation and exploration. Through its pages we hope to inform and entertain, but also to encourage discussion about the most compelling developments taking place in the scientific and entrepreneurial world. Along the way, we’ll engage with the IP challenges that international organisations face every day.