UPOV-ROM 2012/04 - International Union for the Protection of New ...

Contents of the UPOV-ROM 2012/04 UNITED STATES – USDA
http://www.usda.gov
Title holder’s name
Remarks
If title holder’s name is present this indicates a certificate of plant variety protection was
issued or assigned by the US Plant Variety Protection Office with this title holder’s name
specified as the owner of the variety.
This field only contains types of varieties such as Inbred Lines.
Other useful information
The US information is provided by two government agencies:
· The Plant Variety Protection Office administers the Plant Variety Protection Act, which
provides legal protection similar to patents to developers of new varieties of plants
which are sexually reproduced (by seed) or tuber-propagated, by issuing Certificates of
Protection;
· The Patent and Trademark Office of the US Department of Commerce administers the
Plant Patent Act, which provides patent protection to asexually reproduced plants. The
data from that office are contained in a separate file.
What is Plant Variety Protection (PVP)?
Plant Variety Protection Act (PVPA), enacted in December of 1970, and amended in 1994,
provides legal protection, similar to patents, to developers of new varieties of plants which
are sexually reproduced (by seed) or are tuber-propagated. Bacteria and fungi are excluded.
The PVPA is administered by the United States Department of Agriculture.
A Certificate of Protection is awarded to an owner of a variety after an examination shows
that it is new, distinct from other varieties, and genetically uniform and stable through
successive generations.
The term of protection is 20 years for most crops and 25 years for trees, shrubs, and vines.
The owner of a protected variety has exclusive rights to multiply and market the seed of that
variety.
Who benefits from PVP?
The public benefits as the recipient of quality food, feed, fiber, and other products that
result directly from improved plant varieties. Growers of food, ornamental, industrial, or
medicinal crops benefit when higher quality varieties are available. Plant Variety Protection
allows owners of new varieties to maintain control over the purity and the marketing of the
variety. With such protection, companies or individuals spending money and time
developing a variety are more likely to obtain a fair and equitable return.