An application for Plant Variety Protection may be filed through either of the following methods:

1. Manual submission by completing and submitting Form PB-01 to the Plant Breeders' Rights Registry, Islamabad.
2. Online submission through the PBR Registry's online application portal at https://mis.pbrr.gov.pk/login . The portal can also be accessed through the official website of the Plant Breeders' Rights Registry at www.pbrr.gov.pk .

The following persons or legal entity can apply for Plant Variety Protection (PVP):

1. The breeder of the variety
2. The employer of the breeder
3. The successor of the applicant

The person(s) or legal entity named as the "Applicant" in the application form will be entitled to the Plant Breeders' Rights.

The applicant may or may not be the breeder. If the breeder is different from the applicant, the name(s) and address(es) of the breeder(s) must be provided separately in the section titled "Name and addresses of the breeders."

An applicant may be the breeder or may derive the right to apply from the breeder. Where the applicant is not the breeder, the name(s) and address(es) of the breeder(s) must be stated separately in the application.

If the applicant has also participated in the development of the variety, his or her name must also be included in the section "Name and addresses of the breeders."

Yes. A farmer may qualify for the protection, provided that the variety fulfils the prescribed criteria of novelty, distinctness, uniformity and stability (DUS) and has an acceptable denomination.

To qualify for Plant Variety Protection, a plant variety must:

• Be novel
• Be Distinct, Uniform and Stable (DUS)
• Have an acceptable denomination
• Belong to a crop or species included in the list of protectable species/crops

The application should be accompanied by the seed sample and proof of payment of the application fee.

The applicant must provide a morphological description that clearly demonstrates the distinctness, uniformity and stability of the candidate variety or hybrid.

DUS evaluation of a candidate hybrid may be conducted with or without submission of the parental material. However, morphological descriptions and molecular profiles of the parental lines should be provided to establish their identity and support the characterization of the hybrid.

Photographs and/or drawings should clearly illustrate the characteristics that establish the distinctness of the candidate variety or hybrid.

Currently the DUS carried out officially in Pakistan is accepted.

Yes. The results of any adaptability study conducted by the applicant are acceptable.

Where a new plant variety has been developed from a traditional variety, the application must also include written consent of the relevant authority representing the public sector, private sector or local community, as the case may be.

Yes. A genetically modified plant variety may be granted Plant Variety Protection with the addition that the application must be accompanied by the biosafety clearance certificate from the National Biosafety Committee.

After preliminary scrutiny, the application is published in accordance with Schedule-II of the Plant Breeders' Rights Rules, 2018 in the PBR Journal, in both print and electronic formats, for the purpose of inviting opposition.

In addition, necessary details of the application are published on the official website, advertised in newspapers, and circulated to relevant research and development institutions and seed companies to facilitate wider dissemination and invite objections or opposition, if any.

An opposition may be filed on any of the following grounds:

1. The person opposing the application is entitled to the rights in the new variety as against the applicant.
2. The variety is not protectable within the meaning of the Plant Breeders' Rights Act, 2016 of Pakistan.
3. The grant of the certificate may not be in the public interest or may be against public order.
4. The variety may have adverse effects on the environment or on human, animal or plant health.

The opposition must be filed in writing, along with documentary evidence and the prescribed fee, within four months from the date of advertisement of the application.

Plant Variety Protection is currently available for the plant species notified for protection by the Plant Breeders' Rights Registry.

The current list of Protectable Plant Species may be viewed or downloaded from the PBR Registry website at:

PBR Registry - Download

The scope of protection may be extended to additional plant species from time to time.

Yes. A foreign applicant may apply for Plant Variety Protection in Pakistan, either directly or through an authorized representative.

A plant variety is a plant grouping within a botanical taxon of the lowest known rank that can be distinguished from other plant groupings by the expression of one or more heritable characteristics and is sufficiently uniform and stable in those characteristics.

Whereas, an Essentially Derived Variety (EDV) is a variety that is predominantly derived from another variety, known as the initial variety, and retains the expression of the essential characteristics of that initial variety. However, it is clearly distinguishable from the initial variety by one or more characteristics resulting from the act of derivation.

The principal differences are as follows:

1. In the case of an EDV, the term "Essentially Derived Variety" is used in the relevant documentation instead of the term "variety".
2. The consent of the breeder of a protected initial variety is required for the protection of the EDV.
3. Where the initial variety is protected under the applicable Plant Variety Protection laws, a separate DUS assessment of the candidate EDV may not be required. The DUS report of the initial variety may get considered. However, additional procedures or tests to establish the essentially derived nature of the candidate EDV may be required.
4. Where the initial variety used in the development of the candidate EDV is not protected under the applicable Plant Variety Protection laws, a DUS assessment of the candidate EDV is required.
5. The prescribed application fee for protection of an EDV is Rs. 20,000 or US$200, as applicable.

The Act provides the breeder of a protected variety with exclusive rights in relation to specified activities involving the protected variety. These include:

1. Offering for sale, selling or marketing propagating material of the protected variety.
2. Importing or exporting propagating material of the protected variety.
3. Conditioning or multiplying propagating material of the protected variety.
4. Carrying out the above-mentioned activities in relation to an Essentially Derived Variety.
5. Instigating or promoting any of the acts referred to above.
6. Authorizing another person to produce, sell, market or otherwise deal with the protected variety.
7. Stocking for any of the purposes referred to above.

The use of a protected variety may not constitute infringement where it is used:

1. For private and non-commercial purposes.
2. For research and plant breeding aimed at developing a new variety. However, authorization from the holder of the Plant Breeders' Rights may be required where the protected variety must be repeatedly used as a parent for the commercial production of another variety.
3. For the development of new varieties, except where the new variety constitutes an Essentially Derived Variety of the protected variety.
4. By a farmer for saving, using, sowing, re-sowing, exchanging, sharing or selling farm produce. However, the farmer cannot sell seed of the protected variety on commercial basis without complying with the requirements of Seed Act, 1976 of Pakistan and Regulations made therein.
5. For the exchange of propagating material among farmers.

In a standard case, the total fee is PKR 30,000 or USD 300, as follows:

The annual fee for maintaining protection of a variety is PKR 10,000 or USD 100.

If the annual maintenance fee is not paid within the prescribed period, and after completion of the procedure required under the applicable law and rules, the Plant Variety Protection certificate may be forfeited.

All prescribed fees are required to be deposited at any branch of the National Bank of Pakistan using Form TR-6. The fee may also get paid online by using the online application submission form.

Fees payable to the PBR Registry may be paid in Pakistani Rupees (PKR) or US Dollars (USD).

The Registrar of the Plant Breeders' Rights Registry is responsible for maintaining the confidentiality and protection of information and material submitted in connection with an application for Plant Variety Protection.

The full Plant Breeders' Rights become enforceable upon grant of the PVP certificate. However, the variety enjoys provisional protection from the date of filing of the application until the grant of the certificate.

During this period, the variety is under provisional protection. If the certificate is subsequently granted, the certificate holder is entitled to equitable remuneration from any person who, during that period, carried out an act that would have fallen within the owner's rights.

The term of protection is 25 years for trees and vines and 20 years for all other plants, calculated from the date of filing of the application.

A suit relating to infringement of the Plant Breeders' Rights shall be filed before the Court of the District Judge having territorial jurisdiction over the place where the cause of action arises.

Important considerations include the following:

1. Damages shall not be awarded for any infringement that occurred before the defendant was actually informed, or was reasonably considered to have been informed, that the variety was protected. Such notice may be given by clearly marking the seed container of the protected variety or by using any other visible indication that the variety is protected.
2. An infringement suit must be filed within three years from the occurrence of the infringement.

The court may grant an injunction and, at the option of the plaintiff may also award either damages or a share of the profits arising from the infringement.