Plant variety protection
Plant variety protection is a type of intellectual property right, like patents and trademarks, that specifically concerns commercial protection in plant breeding.
Plant variety rights
Plant variety rights govern the commercial protection of new plant varieties, entitling holders to protect their varieties from unauthorised commercial use. These private rights are granted for a limited period of 25 years, or 35 years for certain taxa.
Office for Plant Variety Protection
Anyone seeking commercial protection for a plant variety must submit an application to the relevant authority. In Switzerland, the Office for Plant Variety Protection at the Federal Office for Agriculture (FOAG) is responsible for granting plant variety protection. If the submitted documents and test reports meet requirements, the Office issues a plant variety protection title valid for the Swiss territory.
Technical variety testing
If another member of the International Union for the Protection of New Varieties of Plants has already prepared a test report (or will do so), Switzerland will adopt that report.
Granting plant variety protection
A variety qualifies for protection if it passes the technical variety test and meets all requirements regarding novelty and variety denomination. A variety is granted protection and is entered in the Plant Variety Protection Register once the decision takes effect.
Plant Variety Protection Register
The Plant Variety Protection Register contains all varieties that are currently protected.
Official publications on plant variety protection
The Office for Plant Variety Protection publishes new applications and changes to the Plant Variety Protection Register every two months in plant.var, the Swiss Plant Variety Rights Journal. The Journal also publishes the variety denominations of the National Catalogue of Plant Varieties.
Third parties may lodge objections with the Office for Plant Variety Protection within three months of publication.
plant.var – the Swiss Plant Variety Rights Journal
International activities
Switzerland is a member of the International Union for the Protection of New Varieties of Plants (UPOV).
Frequently asked questions
Further information
The FOAG provides a reduced English-language version of its website that does not include all further information such as documents, legislation or links. These can be found on the pages in the three official languages (German, French and Italian).
Index
Related topics
Variety registration and niche varieties
Plant propagating material is tested and authorised in a two-stage system: registering a variety and certifying its seed and propagating material.
Importing plants
If you are planning on importing plants or plant products such as fruit, seeds, cut flowers or wood into Switzerland from another country, you need to observe the applicable provisions. Imports carry the risk of spreading dangerous diseases and pests.
Contact for questions
Plant Variety Rights Office
Schwarzenburgstrasse 165
Switzerland - 3003 Bern