Extent of Protection by Plant Breeders Right

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Extent of Protection by Plant Breeders Right

The UPOV Act (1991) offers the following protections to the concerned variety.

1. Production for commercial purpose, offering for sale and selling all material of the protected variety is the exclusive right of the holder of PBR title.
2. A grower may be allowed to use a part of his harvest for planting his next crop without any obligation to the holder of the PBR title. This privilege is dependent on the provisions of the national laws.
3. Exchange of propagation material of protected cultivars between farmers is not allowed.
4. The minimum period of protection is 20 years. Some UPOV member states provide protection for upto 25 years or even 30 years (Maize in breeds in France).
5. The protected variety can be freely used for scientific as well as breeding purposes (Except for essentially derived varieties).

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