Introduction
Plant Breeders’ Rights (PBR), also known as Plant Intellectual Property Rights, are legal protections granted to breeders of new plant varieties. These rights incentivize innovation by granting exclusive control over the propagated material of a new plant variety, encouraging agricultural and horticultural development. Israel, as a nation with a robust agricultural sector and powerhouse in agricultural technology, has established legal frameworks to protect plant breeders’ rights.
Legal Framework in Israel
Israel’s legal system for plant breeders’ rights primarily stems from the Plant Varieties Protection Law, 1989 (PVP Law). This law aligns with international standards, notably the International Union for the Protection of New Varieties of Plants (UPOV) Convention, to which Israel is a signatory.
Key Provisions
- Protection Scope and Eligibility
- The PVP Law grants breeders exclusive rights over new, distinct, uniform, and stable plant varieties.
- Both commercial breeders and research institutions can apply for protection.
- Varieties must be novel, sufficiently distinct from existing varieties, and stable through successive generations.
- Application Process
- Applicants submit detailed descriptions, botanical, and morphological data.
- The Israel Plant Breeders’ Rights Office (IPBRO) handles the examination and registration process.
- Once granted, the rights typically last for 25 years for most plants, and 30 years for trees and vines.
- Rights and Limitations
- Rights include propagating, selling, and licensing the protected variety.
- Breeders cannot prevent farmers from saving seeds for personal use, a notable exception consistent with UPOV principles.
- Use of the propagating material for experimental or breeding purposes is permitted under certain conditions.
Israel’s ministry of agriculture grants dozens of plant breeders’ rights per year.
Find the full series of Plant Breeder’s Rights articles here.
If you have any question about Plant Breeders’ Rights in Israel, please feel free to contact me at Avraham.hermon@jmbdavis.com.
