Protecting plant varieties in Germany: Choice between national or European PBR

Germany is a member of UPOV since 1968. It has been a party to the 1991 Act of the UPOV Convention since July 25, 1998. Germany thus has implemented the UPOV based sui generis plant variety protection system.

Plant breeders’ rights (PBR) matters in Germany are regulated in the Plant Variety Protection Act (Sortenschutzgesetz). Applications for German PBR have to be filed with the Federal Plant Variety Office (Bundessortenamt - BSA). BSA performs the technical examination (testing of distinctness, uniformity and stability - DUS), checks the other requirements and grants the PBR title.

Another possibility to get PBR on the German territory is via European PBR. The European PBR system was implemented with Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (CPVR). The European Union is a member of UPOV since 29 July 2005. European PBR is effective in all members of the European Union with a unique title.