Plant Breeders' Rights are private protection rights and protect the
intellectual property of a plant variety. Plant Breeders' Rights consequently promote plant breeding and the breeding progress made in agriculture and horticulture. Every breeder or discoverer of
a new variety can apply for Plant Breeders' Rights for new varieties from the whole plant kingdom, according to the German Variety Protection Law.
Plant Breeders' Rights are granted if the variety is distinct, uniform,
stable and new. Furthermore, it must have a variety denomination. Following the national and international test guidelines, certain morphologic and phenologic characteristic features, especially the
assessment for distinctness, uniformity and stability are examined and registered on the basis of field or greenhouse tests.
The Plant Breeders' Rights stipulate that only the owner or his legal
successor has the right to produce, trade or import propagating material of the protected variety on a commercial basis.
Plant Breeders' Rights are granted for 25 years or, in the case of potatoes, vine and trees, for 30 years.
Plant varities may be applied at the „Bundessortenamt” in Hannover.