Requirements for filing

In order to file an application for plant breeders’ rights, we require:

• full particulars of the applicant and breeder/breeders, including names, addresses and nationalities;
• if the breeder/breeders is/are not the applicant, information regarding the manner in which the applicant obtained rights to file the application. Documentary proof, eg a deed of assignment, is required;
• the proposed denomination of the variety, which must comply with section 10 of the Act and regulation 5;
• the country in which the variety was bred or discovered;
• particulars of preceding applications in other countries for plant breeders’ rights or for inclusion in official variety lists in respect of the same plant, including dates of filing, application numbers, stages of prosecution, dates of allowance, and denominations used;
• if propagating material and/or harvested material of the variety has already been offered for sale or has been marketed, details of the countries in which, dates on which, and denominations under which this took place;
• a completed prescribed technical questionnaire. A suitable questionnaire can be obtained from the Registrar, although, generally, technical questionnaires used in other UPOV Convention countries will be acceptable. Please contact us if a questionnaire is required;
• a power of attorney, executed by or on behalf of the applicant; and
• propagating material as prescribed, typically 5 specimen plants, for examination purposes.

All requirements, including the propagating material, must be supplied to the Registrar within 12 months of the filing of the application.