--- title: "Plant Breeders’ Rights FAQs" image: https://spoor.com/wp-content/uploads/2020/07/Spoor-Logo.png canonical: https://spoor.com/faq/plant-breeders-rights/ url: https://spoor.getmd.ai/faq/plant-breeders-rights/.md last_converted: 2026-10-08T01:53:36.472Z --- ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://spoor.com/faq/plant-breeders-rights/", "url": "https://spoor.com/faq/plant-breeders-rights/", "name": "Plant Breeders’ Rights FAQs - Spoor & Fisher", "isPartOf": { "@id": "https://spoor.com/#website" }, "datePublished": "2026-10-07T09:30:48+00:00", "breadcrumb": { "@id": "https://spoor.com/faq/plant-breeders-rights/#breadcrumb" }, "inLanguage": "en-ZA", "potentialAction": [ { "@type": "ReadAction", "target": [ "https://spoor.com/faq/plant-breeders-rights/" ] } ] }, { "@type": "BreadcrumbList", "@id": "https://spoor.com/faq/plant-breeders-rights/#breadcrumb", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://spoor.com/" }, { "@type": "ListItem", "position": 2, "name": "FAQ", "item": "https://spoor.com/zh/faq/" }, { "@type": "ListItem", "position": 3, "name": "Plant Breeders’ Rights FAQs" } ] }, { "@type": "WebSite", "@id": "https://spoor.com/#website", "url": "https://spoor.com/", "name": "Spoor & Fisher", "description": "", "publisher": { "@id": "https://spoor.com/#organization" }, "potentialAction": [ { "@type": "SearchAction", "target": { "@type": "EntryPoint", "urlTemplate": "https://spoor.com/?s={search_term_string}" }, "query-input": { "@type": "PropertyValueSpecification", "valueRequired": true, "valueName": "search_term_string" } } ], "inLanguage": "en-ZA" }, { "@type": "Organization", "@id": "https://spoor.com/#organization", "name": "Spoor & Fisher", "url": "https://spoor.com/", "logo": { "@type": "ImageObject", "inLanguage": "en-ZA", "@id": "https://spoor.com/#/schema/logo/image/", "url": "https://spoor.com/wp-content/uploads/2022/08/200210-SP-Logo_RGB-01-screen-scaled.jpg", "contentUrl": "https://spoor.com/wp-content/uploads/2022/08/200210-SP-Logo_RGB-01-screen-scaled.jpg", "width": 2560, "height": 813, "caption": "Spoor & Fisher" }, "image": { "@id": "https://spoor.com/#/schema/logo/image/" }, "sameAs": [ "https://www.facebook.com/spoorfisher/", "https://x.com/spoorfisher" ] } ] } ``` - [Trade Marks](https://spoor.com/faq/trade-marks/) - [Patents](https://spoor.com/faq/patents/) - [Copyright](https://spoor.com/faq/copyright/) - [Registered Designs](https://spoor.com/faq/registered-designs/) - [Plant Breeders’ Rights](https://spoor.com/faq/plant-breeders-rights/) - [Domain Names](https://spoor.com/faq/domain-names/) - [Utility Models](https://spoor.com/faq/utility-models/) - [SMME Support](https://spoor.com/faq/smme-support/) - [Back to FAQs](https://spoor.com/faq) # Plant Breeders’ Rights ### Search for a Question [Back to all FAQs](https://spoor.com/faq) ## What is a Plant Breeders’ Right? A Plant Breeders’ Right protects a new variety of plant that is produced by biological processes like cross-breeding, because these cannot be protected by a patent under the Patents Act. ## Who may apply for a Plant Breeders’ Right? A Plant Breeders’ Right must be applied for by the breeder of the new variety of plant. The “breeder” is generally the person who bred or discovered and developed the variety, the employer of this person, or their successor. ## What are the basic requirements for Plant Breeders’ Rights in Africa? Most African countries are members of The International Union for the Protection of New Varieties of Plants (UPOV) Convention, and follow the UPOV validity requirements. Applicants are required to submit an application form, completed Technical Questionnaire, proof of right to apply and a power of attorney. ## What are the requirements for obtaining a Plant Breeders’ Right in South Africa in South Africa? To qualify for protection, a variety of plant must be new, distinct, uniform and stable. To be “new”, propagating or harvested material of the variety must not have been sold or disposed of by the breeder for purposes of exploitation of the variety: in South Africa for more than one year; in a convention country (one that has acceded to UPOV) or an agreement country (one with which South Africa has a bilateral agreement concerning plant breeders rights) in the case of varieties of vines and trees, for more than six years; or in a convention country or an agreement country in the case of other varieties for more than four years, prior to the date of filing the application for a Plant Breeders’ Right. To be “distinct”, the variety must be clearly distinguishable from any other variety of the same kind of plant of which there is common knowledge. To be “uniform”, the variety must be sufficiently uniform with regard to the characteristics of the variety in question, subject to expected variation. ## What is the application process? --- An application for a Plant Breeders’ Right is submitted, together with a completed Technical Questionnaire, and proof of right to apply. The Technical Questionnaire provides a detailed description of the new characteristics of the variety. Plant material must also be made available. A Plant Breeders Right will be granted once the authorities are satisfied that the variety complies with the requirements for a Plant Breeders’ Right and that the plant material is as described in the Technical Questionnaire. The examination of slow-growing plants, such as trees, may take a number of years. If you are interested in applying for a Plant Breeders’ Right, please contact us for more information. ## For how long does a Plant Breeders’ Right last? This may vary from country to country but in South Africa, the duration of a Plant Breeders’ Right is: - 25 years, in the case of vines and trees; and - 20 years, in all other cases, calculated from the date of grant. (subject to payment of renewal fees). ## What obligations does an owner have after grant? After grant of a Plant Breeders’ Right, plant material that is sold for the purposes of propagation must indicate the denomination of the variety on the label or on the container. If a trade mark is used in conjunction with the denomination, the trade mark and denomination must be clearly distinguishable. ## Is it possible to enforce Plant Breeders’ Rights in Africa in OAPI? Although enforcement outside of South Africa is rare, in principle, Plant Breeders’ Rights are enforceable in most African countries. It is currently possible to apply for plant breeders’ rights in the OAPI regional system that covers 17 West African countries, as well as in Egypt, Ethiopia, Kenya, Morocco, Rwanda, South Africa, Tanzania, Tunisia, Zambia, Zanzibar and Zimbabwe. ## Is it possible to enforce a Plant Breeders’ Right prior to grant? Yes. In most African countries, it is possible to obtain provisional protection while the application is pending. If you are interested in applying for a Plant Breeders’ Right, please contact us for more information.