plant varieties

Industrial property rights are granted for new plant varieties to the plant breeder, i.e. the person who created or discovered and developed the new variety. A plant variety is a plant grouping within a single botanical taxon of the lowest known degree and can be protected as an industrial property right when the variety is new, distinct, uniform and stable. We can assist you with the protection of new plant varieties in Italy, the European Union and all countries that adhere to the UPOV (International Union for the Protection of New Varieties of Plants) Convention. Our team will help you establish the best strategy to protect your plant varieties in accordance with novelty requirements.

italian plant varieties

Once an Italian plant variety has been granted, it is protected throughout Italy and San Marino by virtue of the existing agreement therewith and according to some doctrines, can be recognized by the Vatican City. The plant variety must comply with the novelty requirement, i.e. on the date when the application is filed, propagating or harvested material of the variety must not have been marketed in the national territory:
- in Italy: for more than 1 year
- in any other state: for more than 6 years for trees and vines, and 4 years for all other varieties.
The duration of a plant variety is 20 years from the registration date. The duration is 30 years from the registration date for trees and vines.

european union plant varieties

Once a European Union plant variety has been granted, it is protected as a single right throughout the territory of the European Union. The plant variety must comply with the novelty requirement, according to which, on the date when the application is filed, propagating or harvested material of the variety must not have been marketed:
- in European Union member states: for more than 1 year
- in any other state: for more than 6 years for trees and vines, and 4 years for all other varieties.
The duration of a European Union plant variety is 25 years from the registration date, and 30 years from the registration date for trees and vines.