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Plant Varieties



Form and Fees
Fee Schedule

​​What is Plant Variety?

A plant variety is defined as a plant group within a single botanical taxon of the lowest rank.


Why protect a Plant Variety?

This protection system provides an incentive for private research and development into new breeding techniques. It also encourages the development of new and beneficial plant varieties for use by farmers and consumers and furthers the society's development of agriculture, horticulture and forestry.

The protection will also allow plant breeders to gain an exclusive right to produce for sale and sell propagating material of the plant variety and can prevent others from using the variety without their permission.


How long is a Plant Variety protected?

A plant variety is given a term of protection of up to 25 years, subject to the payment of annual renewal fees.


Application Process

StepProcedure
1

Lodgment of a completed application (Form PVP3) which must also include:

  1. The technical questionnaire (Form PVP-TQ) in English,
  2. The prescribed fee (B$1,600.00), and
  3. Any necessary supporting documents and information.
2A preliminary examination will be conducted by BruIPO ("formalities") and a letter of acknowledgement will be issued to the applicant.
3Information about the application and proposed denomination will be published in the Plant Varieties Protection Journal.
4Technical examination will then be conducted by one of BruIPO’s foreign expert examintation partners.
5The applicant then files a request for grant and a certificate of registration will be issued to the applicant. Details of the registered plant variety will then be published in the Plant Varieties Protection Journal.













What kind of Plant Variety can be protected?

In order to be eligible for protection in Brunei Darussalam, a plant variety has to meet set requirements under the law:

  1. The variety must be novel (new) and thus not have been sold or disposed of without the consent of the breeder;
  2. The variety must be distinct, meaning that it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application.
  3. The variety must be uniform in its relevant characteristics; and
  4. The variety must be stable, meaning that the relevant characteristics must remain unchanged after repeated propagation.

All plant genera and species are protectable under the Plant Varieties Protection Order, 2015.

 

Once registered, is the plant variety protected worldwide?

As protection is territorial, a plant variety registered with BruIPO is only protected in Brunei Darussalam. Therefore, you will need to file directly at the foreign Intellectual Property Office of the jurisdiction where you intend of protect your plant variety.

Information on registered plant varieties worldwide can be found on the website of the International Union for the Protection of New Varieties of Plants (UPOV) at http://www.upov.int/pluto/en/.