New Zealand's government has introduced amendments to the Plant Variety Rights Act to bolster intellectual property protections for breeders, a move supported by HortNZ.
The law grants breeders exclusive rights to produce and sell seeds, cuttings, and spores of new plant varieties they develop.. The possessor of a Plant Variety Right (PVR) also has the exclusive right to propagate the variety for commercial production.. Strengthening the Law Allows NZ to Compete Earlier this week, Trade and Investment and Agriculture Minister Todd McClay and Commerce and Consumer Affairs Minister Cameron Brewer announced changes to the PVRA, which they say strengthen
the law.. The proposed changes would extend protection for trees and vines to 30 years.. “Strengthening the Plant Variety Rights Act 2022 gives New Zealand the intellectual property settings it needs to compete internationally, protect our investment and grow export returns,” Brewer says.. In 2024, 75% of the $3.5 billion in export returns from kiwifruit and an estimated 55% of the $979 million in export returns from apples came from plant variety rights-proected varieties.. Brewer
says projections from Zespri suggest that extending the PVR term by five years for SunGold Kiwifruit along would generate additional revenue of approximately $1.8 billion over five years from the time of extension to the kiwifruit industry and the Bioeconomy Science Institute.. Government to Restore Provisional Protection The government says it will also be restoring provisional protection, meaning breeders are covered from day one of their rights application instead of from the date on which
it is granted.. “This means plant breeders can take immediate legal action if new varieties are stolen and commercially exploited during the application process, which can take up to five years and sometimes much longer,” Brewer says.. Measures Provide Greater Certainty Kate Scott, Horticulture New Zealand chief executive, says the changes will provide greater certainty for breeders, growers and investors making decisions over long production cycles.. “They also better reflect the realities of how innovation
is developed and adopted in horticulture,” Scott says.. “New varieties take time, capital and sustained commitment to bring through to commercial use.. A policy framework that gives appropriate protection over that journey helps deliver the confidence needed for ongoing investment across horticulture.” She says strong plant variety rights are an important part of maintaining New Zealand’s position in premium horticulture, helping ensure that the benefits of research, breeding and commercial uptake can be realised over
an appropriate timeframe.. “While the proposed changes will be particularly relevant for kiwifruit and apples, HortNZ says the same principles apply across horticulture wherever new plant material, long development timelines and significant on-farm investment are involved.. “Improved plant variety rights settings will ensure confidence across the horticulture value chain, from breeding and propagation through to orchard development, post-harvest activity and the businesses that service regional growing communities.”
Plant Variety Rights, HortNZ, agriculture, New Zealand horticulture, plant breeding, intellectual property, horticultural exports