Have you created a new plant variety and wish to protect your rights? Are you the holder of a Plant Variety Protection Certificate, and a third party is infringing your rights?
Dreyfus law firm, in collaboration with its global network of intellectual property lawyers, provides support in protecting your new plant varieties and breeder’s rights, as well as defending your interests during their exploitation in France and internationally.
Creating a new plant variety involves significant investments in research, expertise, and time, often over several years. Without appropriate legal protection, these efforts can quickly be undermined by unauthorized use or competitive reproductions.
Plant Variety Protection Certificate grants its holder an exclusive exploitation right, allowing them to control the production, marketing, and use of the protected variety for a period of up to thirty years for some species and twenty-five years for others. This makes it an essential tool for securing innovation and maintaining economic control over the variety.
Beyond exclusivity, the Plant Variety Protection Certificate is a strategic leverage of valorization. It facilitates market access, strengthens credibility with commercial partners, enables licensing and partnerships, and helps structure an intangible asset portfolio with high added value.
In a context of heightened international competition and evolving plant breeding techniques, protection through a Plant Variety Protection Certificate is an indispensable strategic step, designed to turn varietal innovation into a sustainable competitive advantage.
The Plant Variety Protection Certificate is a sui generis industrial property title, distinct from patents, specifically designed for plant innovations.
In France, the PBC is issued by the French National Office for Plant Breeder’s Rights (INOV), operating within the GEVES (Group for the Study and Control of Varieties and Seeds). At the European level, the Community Plant Variety Office (CPVO) manages the unitary system applicable across all EU member states. International protection can also be achieved under the framework of the International Union for the Protection of New Varieties of Plants (UPOV).
Plant variety rights are a technical and demanding field, both in France and at the European level. Dreyfus law firm, in collaboration with its network of industrial property lawyers and intellectual property experts, assists you at every stage to secure and capitalize on your plant innovations.
Our team offers tailored support for your registration processes. We assist in defining your protection strategy and guiding you through the procedures with the relevant authorities, from filing to obtaining the title.
Today, there has been a decline in national applications in favor of the community system. Indeed, a French Plant Variety Protection Certificate ceases to produce effects once a Community Plant Variety Protection Certificate is granted for the same variety. However, the French system retains specific advantages, including more controlled costs and the exclusive right to produce, sell, and distribute propagation material within France.
Beyond simple administrative assistance, we also support you in the technical examination of your variety (DHS criteria, filing strategy, anticipation of objections). Our goal is clear: to maximize your chances of obtaining a valid and exploitable title.
Dreyfus law firm also supports you throughout the life of your Plant Variety Protection Certificate. We advise on the commercial and legal aspects of your Plant Variety Protection Certificate: licensing strategy, contractual relations with partners, economic valuation of your rights, and negotiation and drafting of assignment or distribution agreements.
Finally, we offer guidance and representation in litigation or pre-litigation situations, particularly in cases of infringement, fraudulent practices, or contractual disputes.
In summary, Dreyfus law firm offers a comprehensive approach — legal, technical, and strategic — to transform your plant varieties into sustainable and value-creating assets.
With the support of Dreyfus, create, enhance, and protect your plant varieties with peace of mind!
Dreyfus offers its internationally renowned expertise to clients
We assist in registering your plant varieties to ensure recognized legal protection nationally and internationally.
We provide portfolio management services, including renewal tracking and strategy development to maximize the value of your plant varieties.
We represent clients in plant variety disputes, including infringement actions and opposition procedures.
We develop customized strategies to protect your plant varieties against copying and unauthorized use.
Our experts advise on regulatory compliance and best practices for safe innovation in the field of plant varieties.
We conduct continuous monitoring to detect any rights violations and act quickly to enforce them.
A Plant Variety Certificate is a sui generis industrial property title, distinct from a patent, specially designed to protect new plant varieties. It grants its holder an exclusive right to exploit (produce, reproduce, sell, market propagation material) for up to 25 or 30 years, depending on the species.
A patent protects a technical invention, while a Plant Variety Protection Certificate protects a plant variety as such. The Plant Variety Protection Certificate is based on specific criteria (distinction, uniformity, stability — known as DHS criteria) and includes certain balances specific to the agricultural world, such as the breeder’s privilege.
Depending on your territorial strategy:
Your choice depends on factors like target markets, budget, and development strategy.
No. We assist you in:
Yes. A PBC is a full-fledged intangible asset. It can be directly exploited, licensed, assigned, or integrated into a broader commercial strategy. We advise on licensing models, partnerships, and contractual structuring to maximize the profitability of your rights.
We assist with pre-litigation and litigation actions: notices of infringement, negotiations, actions for infringement, or contractual disputes, both in France and internationally.
Registration provides legal protection for your agricultural innovation against copying and unauthorized use by granting exclusive rights.
Effective management maximizes the value of your assets, tracks renewals, and develops strategies for their exploitation.
It is crucial to respond quickly. Our experts can represent you and take legal action to defend your rights.
We assist in registering and protecting your plant varieties in multiple jurisdictions worldwide, ensuring global monitoring.
Monitoring involves tracking the market and registrations to detect any unauthorized use of your plant varieties and take appropriate action.
Yes, we advise on practices and regulations to follow for safe innovation while protecting your plant varieties.
