Plant Variety
At Rights and Counsel, we help breeders and agricultural innovators secure exclusive rights over new plant varieties through effective legal protection.
Our Commitment
We are committed to empowering plant breeders and agricultural entrepreneurs by safeguarding their intellectual efforts through legal protection frameworks. Our services ensure that new, distinct, uniform, and stable plant varieties receive formal recognition and commercial protection, promoting innovation in food security, sustainability, and biodiversity.
Expert Services
Application Preparation & Filing: We prepare and file applications for plant variety protection with national and international authorities, ensuring compliance with all formal and technical requirements, including DUS (Distinctness, Uniformity, and Stability) criteria.
Eligibility Assessment: Our team evaluates whether your variety meets the legal and scientific thresholds for protection, advising on the optimal strategy for national or international registration.
Variety Denomination Support: We assist in selecting appropriate names for your varieties, ensuring they are acceptable under relevant naming guidelines and avoid confusion or prior use.
Commercialization Strategy: We guide clients through licensing, joint ventures, and commercialization options to help them derive full value from their protected varieties.
Ongoing Support
Portfolio & Renewal Management: We manage renewals and official communications to ensure that your plant variety rights remain active and enforceable throughout their protection term.
Contractual Services: Our lawyers draft and negotiate contracts involving licensing, propagation, production, and distribution of protected plant varieties.
Advisory on Compliance: We provide guidance on compliance with seed certification regulations, phytosanitary rules, and international treaties such as UPOV (International Union for the Protection of New Varieties of Plants).
Enforcement and Defense
Infringement Action: We help enforce plant variety rights against unauthorized propagation, sale, or use, through administrative, civil, or criminal actions where applicable.
Border Measures & Seizures: In coordination with customs and agricultural authorities, we implement enforcement measures to prevent the illegal import or export of infringing plant material.
Dispute Resolution & Litigation: We represent clients in legal disputes related to plant variety ownership, licensing violations, and unauthorized use, offering strategic resolution through negotiation or court proceedings.