Sortenrechten

Sortenrechten, also known as plant variety rights or plant breeders' rights, are a form of intellectual property that grants the breeder of a new plant variety exclusive rights to that variety. These rights are similar in concept to patents, but they apply specifically to new and distinct plant varieties. To be eligible for protection, a new plant variety must be novel, distinct, uniform, and stable. Novelty means the variety has not been commercially exploited before a certain date. Distinctness requires the variety to be clearly distinguishable from any other existing variety. Uniformity ensures that the plants of the variety are sufficiently similar to each other, and stability means that the variety's characteristics remain unchanged after repeated propagation.

The owner of a Sortenrecht has exclusive control over the production and sale of the propagating material of the protected variety. This typically includes seeds, cuttings, and other plant parts used for reproduction. The duration of protection varies by country but is generally for a significant period, often 20 to 25 years. Sortenrechten are intended to encourage innovation in plant breeding by providing a financial incentive for breeders to invest in the research and development of new varieties. Without this protection, breeders might be hesitant to invest in developing new varieties if others could freely reproduce and sell them.

There are some limitations and exceptions to Sortenrechten. For instance, the "farmer's privilege" in many jurisdictions allows farmers to save and replant harvested material from their own crops for use on their own holdings. Research and experimental use of the protected variety are also often permitted. International agreements, such as the Convention for the Protection of New Varieties of Plants (UPOV Convention), aim to harmonize Sortenrechten laws among member countries.