The most important issue to consider with your new plant is the possibility of obtaining Plant Variety Rights (PVRs) or other intellectual property protection for that plant. Unless you act to safeguard your own rights in the variety, you may lose any opportunity to derive income and royalties from it.

Oenothera speciosa TwilightIt is the role of PFE to assist in safeguarding and securing your rights as the breeder and developer of the new plant, and to obtain royalty income from it. PFE will not take any stake in your rights – the plant will always remain your own property.

We will gladly give you any help and advice that you may need with regard to establishing and protecting the rights in your plant. It is important to be aware that all intellectual property systems set limits for the amount of time that can elapse between the first sale of the plant and the date on which the application for the rights must be submitted. In most cases, this limit is just one calendar year. After that date, the opportunity to obtain rights is generally lost.

Because of this, if you wish to obtain rights in and derive income from your new plant, it is very important that it is not sold or distributed until a plan for marketing and protection has been worked out.
Therefore, the first golden rule to follow with your new variety is:

DO NOT GIVE AWAY, SELL OR OTHERWISE DISTRIBUTE YOUR PLANT TO ANYONE.

When the time is right for test material to be distributed, PFE will provide test agreements which protect your rights.

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