Plant Variety Protection

A plant variety protection shall be granted for a variety, if it is distinct, uniform, stable and new, and has been given a variety denomination which is apt for registration. Varieties of all botanical genera and species, including hybrids between genera or species may form the object of plant variety protection.

The duration of the protection is 30 years in case of varieties of vine and tree and 25 years in case of other varieties from the date of granting. The protection confers on the holder the exclusive right to exploit the variety, i.e. to exploit the propagating material of the protected variety in the commerce:

Based on the protection the holder is entitled to protect the result of his work from the unauthorized exploitation, therefore said protection confer a benefit in the development of the agriculture.

The law disclose the exact definition of the plan variety and that of the propagation material:

plant variety: a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions of protection are fully met, can be

• defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,

• distinguished from any other plant grouping by the expression of at least one of the said characteristics, and

• considered as a unit with regard to its suitability for being propagated unchanged;

propagating material: entire plants, seeds or other parts of plants suitable for growing the whole plant or for producing it in any other way.

The conditions of the protection are defined as follows:

A plant variety is distinct if it clearly differs in characteristics expressed by a particular genotype or combination of genotypes, from any other variety being commonly known at the priority date.

A plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, those characteristics of its individuals which are included in the examination for distinctness, as well as any others used for the variety description, are identical.

A plant variety is stable if those characteristics of its individuals which are included in the examination for distinctness, as well as any others used for the variety description, remain unchanged after repeated propagation or at the end of each cycle of propagation.

A plant variety is new if it has not yet been offered for sale or marketed with the consent of the breeder or his successor in title:  (a) in Hungary more than one year before the priority date; or (b) abroad more than four years before the priority date (in the case of vines and trees: more than six years before the priority date).

The variety denomination must be apt to identify the variety.

The right to plant variety protection belongs to the breeder or to his successor in title.

On the basis of the exclusive right of exploitation, the holder is entitled to prevent any person not having his consent from the following acts in respect of the propagating material of the protected variety:

• production or reproduction (multiplication),

• conditioning for the purpose of propagation,

• offering for sale,

• selling or other marketing,

• exporting,

• importing,

• stocking for any of the purposes mentioned in (a) to (f).

The exclusive right of exploitation shall not extend to

• acts done privately or not involved in an economic activity;

• acts done for experimental purposes relating to the plant variety;

• acts done for the purpose of breeding other varieties.

The farmer may exploit the product of the harvest in his own holding without the permission of the holder for the purposes of propagation which he obtained by sowing in his own holding the seed of the plant variety being under plant variety protection and belonging to plant species specified („farmer’s privilege”).

For detailed information see the homepage of the Hungarian Intellectual Property Office.