PLANT VARIETY PROTECTION
Form and Fees
WHAT IS A PLANT VARIETY PROTECTION?
A plant variety protection is a right granted that gives the breeder exclusive control over the propagating material and harvested material of a new variety of plants, for a number of years.
IS A PLANT VARIETIES PROTECTION (PVP) SYSTEM NECESSARY?
A PVP system provides incentives for research and development into new breeding techniques, thereby it encourages the development of new and beneficial plant varieties for use by farmers and consumers and further the society's development of agriculture, horticulture and forestry.
WHAT IS THE PVP SYSTEM IN BRUNEI DARUSSALAM?
The application system in Brunei Darussalam operates on a first-to-file basis, that is, the first person to file an application will have priority over others for the same plant variety.
BruIPO only conducts formality checks whilst substantive examination work is outsourced to foreign examining offices.
WHAT ARE THE ADVANTAGES OF PVP?
The protection allows the plant breeders to gain exclusive rights to produce for sale and sell propagating material of the plant variety.
The plant breeders also have the exclusive right to prevent others from doing any of the following acts without the plant breeders' authorization:
- Production or reproduction (multiplication),
- Conditioning for the purpose of propagation,
- Offering for sale,
- Selling or other forms of marketing
- Stocking for any of the purposes mentioned above.
WHAT CAN BE PROTECTED?
In order to be eligible for protection in Brunei Darussalam, a plant variety has to meet a set of requirements under the law:
- Novelty - The variety has not been sold or disposed of without the consent of the breeder.
- Distinctness - The variety is deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing of the application.
- Uniformity - The variety must be uniform in its relevant characteristics.
- Stability - The variety is deemed to be stable if its relevant characteristics remain unchanged after repeated propagation.
HOW LONG IS A PVP PROTECTED?
Protection given to a plant variety can last up to 25 years from the date of grant, subject to payment of annual renewal fees. Annual fees are payable every year starting from the end of the first year of grant.
IS THE REGISTERED PVP PROTECTED WORLDWIDE?
No, as protection is territorial, therefore a plant variety registered with BruIPO is only protected in Brunei Darussalam.
For PVP to be protected worldwide, the plant breeder will need to file directly at the foreign Intellectual Property Office of the jurisdiction where they intend to protect their 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 www.upov.int/pluto/en
Plant Varieties Protection Order, 2015
Plant Varieties Protection Rules, 2016
PVP APPLICATION PROCESS