PLANT VARIETY PROTECTION
In Germany, plant variety protection according to the Plant Variety Protection Act (SortSchG) or in the Community Plant Variety Protection Ordinance (GemSortV) provides a legal title to plant varieties. This can be applied for by the breeder or discoverer of a variety. The application must be filed with the Federal Plant Variety Office and processed. After approval, the applicant is then referred to as the "holder of a plant variety right"; he may transfer his right to others.
The propagating material (i.e. the seed, scions or cuttings) of the protected variety may be produced, prepared, marketed, imported or exported solely by the holder of the protected variety. This principle also applies if a variety cannot be clearly distinguished from the protected variety or its production requires the continued use of the protected variety (e.g. hybrid varieties), and also if a variety is essentially derived from the protected variety (initial variety). The export of material of a protected variety for the purpose of propagation of the variety to a country which does not protect varieties of the species to which the protected variety belongs is not allowed.
All the above restrictions do not apply for private, non-commercial purposes, nor for experimental purposes. Therefore, for example, the obtaining of seed of a protected variety for use in one's own garden is allowed. Furthermore, plant variety protection does not apply if the owner of the plant variety protection has placed the material on the market himself or has consented to it being placed on the market by others. However, this does not entitle the holder to breed seed of a protected variety after purchase in order to resell it. Furthermore, there is no plant variety protection if a protected variety is exported to a country which does not protect varieties such as the protected variety for the purpose of growing the variety (i.e. not for breeding or further breeding).
Plant variety protection lasts for 25 years, in the case of hops, potatoes, vines and 30 years in case of tree species starting from the approval of the protection.
Scope of application
Propagation of new breeds of agricultural and floricultural plants.
Exclusions
All plant varieties which are not listed in the species list of the Plant Variety Protection Law.
Requirements
The plant variety must be new, sufficiently homogeneous, stable and distinct, and must have a name that is suitable for registration.
Registration and examination
Takes place at the Federal Plant Variety Office in Hanover. The application must be accompanied by plants or seeds, as the fulfilment of the requirements is checked by the cultivation of the plants. Alternatively, EU-wide protection at the Community Plant Variety Office is possible.
Maximum Term
The plant variety protection lasts for 25 years, in exceptional cases for 30 years.