Plant variety protection
Pursuant to Section 1(1) of the German Plant Variety Act (Sortenschutzgesetz - SortenschutzG) a plant variety can be protected if it is found to be distinct, uniform, stable, and new, and if the variety is given a registrable designation. Sections 3 to 7 of the Plant Variety Act contain the exact definitions of these mandatory characteristics.
However, the term "variety designation" should not be equated with the term "commercial designation". It is common practice that plants are not sold under their variety designation but under a commercial designation (e.g. Schneewittchen, Rosentraum etc.). The plant variety right-holders also register these commercial designations as trade marks. Normally, plants are therefore subject to both variety and trade mark protection.
In Germany, following the application of the breeder or discoverer, the Federal Plant Variety Office (Bundessortenamt) examines a plant variety. If all the requirements have been met, the Federal Plant Variety Office grants plant variety protection.
Plant variety rights valid in all EU Member States can be obtained at the breeder’s or the discoverer’s request, subject to examination by the Community Plant Variety Office.
Many businesses have already submitted applications for action by the customs authorities for protected varieties.
