Plant Varieties.
Overview.

Plant variety protection grants agricultural experts and breeders exclusive control over new plants they have developed or discovered.
Time to Acquire:

4 and ½ months

Duration of Protection:

20 years for agricultural products, 25 years for trees and vines.

Cost:

Free of charge (no application fee), excluding professional fees.

Examples of Plant Variety:

Drought-resistant crops, ornamental plants with unique aesthetics, fruits with enhanced flavors or nutritional values, and more.

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What is a Plant Variety?

A Plant Variety offers exclusive rights to breeders of new, distinct, uniform, and stable Plant Varieties. It's a recognition and reward for green innovations, contributing to biodiversity and food security in the UAE and beyond.

In order to obtain a Plant Variety (PV), your idea or invention must be new, non-obvious and satisfy the UAE’s conditions of New Plant Variety.

Applications in the UAE are handled by the Ministry of Climate Change and Environment (MoCCAE) and are covered under Federal Law No. (17) of 2009 Concerning the Protection of New Plant Species. Keep in mind that applying through the MoCCAE will protect you in the UAE only. If you wish to be protected in other countries or regions, you will need to apply through their IP offices.

To apply for a Plant Variety you must be a UAE citizen or have residency status in the UAE. If you are applying from outside the UAE, a local IP Attorney may apply on your behalf.

Before applying, you should keep in mind that the target plant for application has not been commercially exploited for one year in the UAE and for 4 years outside the UAE for all plants excluding vines and trees, and for 6 years for vines and trees to preserve novelty, prevent infringement & maintain a competitive advantage in the market. Do this by making sure you have the right agreements in place to protect your Plant Variety from unauthorized market entry, as failing to do so may lead to the rejection of your application.

Plant Varieties allows breeders and bio-researchers to secure ownership of unique plant variations they have produced. This gives them exclusive rights to exploit the variety in terms of production, distribution, importing and selling.
© 2017 Stocksy | MEM Studios Greenhouse. All rights reserved.

Before applying, you should keep in mind that the target plant for application has not been commercially exploited for one year in the country or for 4 years outside the country to preserve its novelty, prevent infringement & maintain a competitive advantage in the market. Do this by making sure you have the right agreements in place to protect it from getting out to the market, as failing to do so may lead to your application getting rejected.

Do You Have a New Plant Variety?

In the UAE, there are certain conditions for which a plant can be protected. You should take these into account and assess whether your plant satisfies all the conditions. An IP Attorney can help you in this assessment.

Use the information below to outline whether your plant meets the requirements:

Novelty:

The variety has not been commercially exploited in the UAE for more than (i) one year; (ii) 4 years outside the UAE for all plants excluding vines and trees; and (iii) 6 years for vines and trees.

Distinctness:

It is clearly distinguishable from any known plant variety at the time of application whether inside or outside the UAE.

Uniformity:

The variety is sufficiently uniform in its basic characteristics.

Stability:

The variety remains unchanged after repeated propagation or at the end of every breeding or propagation process.

Unharmful:

It must not be harmful to health or the environment.

Compliant with applicable laws:

It must not be contrary to Islamic Law or to any other applicable laws in the UAE.

Novelty:

The variety has not been commercially exploited in the UAE for more than (i) one year; (ii) 4 years outside the UAE for all plants excluding vines and trees; and (iii) 6 years for vines and trees.

Distinctness:

It is clearly distinguishable from any known plant variety at the time of application whether inside or outside the UAE.

Uniformity:

The variety is sufficiently uniform in its basic characteristics.

Stability:

The variety remains unchanged after repeated propagation or at the end of every breeding or propagation process.

Unharmful:

It must not be harmful to health or the environment.

Compliant With Applicable Laws:

It must not be contrary to Islamic Law or to any other applicable laws in the UAE.

Benefits of Registering
a Plant Variety

Exclusive Rights to Stop Third Parties Use and Sell
Gives breeders the exclusive rights to use, reproduce, and sell their plants. This recognizes their hard work, controls how the plant is used in the market, and allows for more research and development.
Stopping Others From Using Your Plant Variety
Registration prevents unauthorized exploitation of your variety. A cease and desist letter may halt infringement, and legal action may be available for continued unauthorized use.
Monetizing Your Plant Variety
Offers breeders financial incentives, such as licensing agreements and royalties, and the right can be sold or transferred, providing tangible returns on innovation.
Plant Variety As Strategic Assets
Plant variety is a valuable asset that protects innovation, boosts reputation, helps with marketing, and attracts investment because of the unique qualities of the protected varieties, leading to market leadership and increased profits.

Examples of Plant Variety

New plant varieties provide advancements in agriculture and horticulture. For instance:

Examples of Plant Variety

New Plant Varieties provide advancements in agriculture 
and horticulture. For instance:

Agriculture

Crops with enhanced nutritional content, drought-resistances or improved yield

© 2024 Shutterstock | ZAPRODUCTION Sharjah's Wheat Farms. All rights reserved.
Environmental Protection

Ornamental plants with unprecedented colors, petal shapes and improved resilience

© 2015 Unsplash | Richard Loader Gardening plants.
Garderning

Mangrove with enhanced salt tolerance and faster growth rate

© 2020 Shutterstock | Elena Ska Mangroves in Abu Dhabi. All rights reserved.
Agriculture

Crops with enhanced nutritional content, drought-resistances or improved yield

© 2024 Shutterstock | ZAPRODUCTION Sharjah's Wheat Farms. All rights reserved.
Environmental Protection

Ornamental plants with unprecedented colors, petal shapes and improved resilience

© 2015 Unsplash | Richard Loader Gardening plants.
Garderning

Mangrove with enhanced salt tolerance and faster growth rate

© 2020 Shutterstock | Elena Ska Mangroves in Abu Dhabi. All rights reserved.
Agriculture

Crops with enhanced nutritional content, drought-resistances or improved yield

© 2024 Shutterstock | ZAPRODUCTION Sharjah's Wheat Farms.
All rights reserved.
Gardening

Ornamental plants with unprecedented colors, petal shapes and improved resilience

© 2015 Unsplash | Richard Loader Gardening plants.
Environmental Protection

Mangrove with enhanced salt tolerance and faster growth rate

© 2020 Shutterstock | Elena Ska Mangroves in Abu Dhabi.
All rights reserved.

Differences Between Plant Variety, Trademarks and Geographical Indicators

Governed by the Federal Law No. (17) of 2009 concerning the protection of New plant species in the UAE, plant variety protection gives breeders exclusive rights to their new and unique plants. This law sets up a clear process for registering and protecting these rights, similar to other intellectual property laws. However, there are differences in how long the protection lasts and what it covers.

How the Plant Variety Process Unfolds:

Getting a plant variety in UAE follows a clear process:

What You Will Find in The Following Pages

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