Plant variety protection for plants and therefore also varieties protects intellectual property and the enormous development costs of plant breeding from unjustified imitation. It is an intellectual property right or intellectual monopoly right and not a patent. In 1961, to protect plant varieties, the UPOV based in Geneva (Switzerland). It regulates mutual recognition and the rule of law in the 70 member states or their institutions. In all countries there are national plant variety protection authorities where variety lists of protected varieties are available. First, a plant variety protection and, if a positive decision, the entry in the country-specific variety lists.
The country-specific regulations on industrial property rights for plant varieties are not harmonized at EU level, which is why the different content of the regulations of the Member States apply. But it was according to EU Regulation Community legislation was introduced in 1994, although it co-exists with national rules, but allows for the granting of Community-wide industrial property rights in all Member States. The PVP Office is responsible for Community plant variety rights within the EU CPVO (Community Plant Variety Office) in Angers (France).
Subject varieties of all botanical genera and species, but also hybrids (interspecific crossings). It can be a new breed (Crossbreeding of at least two varieties) or the discovery of a natural mutation or unknown variety act. Protected varieties must meet internationally recognized requirements. These are a registrable denomination of denomination, resistance in subsequent propagations (expression of their determining characteristics must remain unchanged even after repeated multiplication), homogeneity (plants must be sufficiently similar with a few exceptions), distinctness (plants must be in at least one characteristic morphological clearly differentiate from plants of any other variety in a Member State) and novelty.
In one over several growing seasons ongoing variety testing at various sites will be in Germany and Austria the land-cultural value (more achievement opposite comparable other kinds) determined. Such exists when there is an improvement for cultivation, in particular resistance against harmful organisms such as fungal diseases, for the recovery of the crop or crop products. The results lead to a technical test report and the UPOV variety description. The plant variety protection applies only to the state for which it was requested, or for EU member states for the entire EU after a corresponding request to the CPVO. If the test result is positive, plant variety protection is granted and the variety is entered in the plant variety protection role. The protection period may be up to 30 years for grape varieties. The protected variety may only be propagated and marketed by the breeder and its licensees.
In accordance with the EU regulation, each Member State is responsible for classifying the grape varieties used. Here are country and region individual the approved for wine production and for the production of quality wine defined suitable grape varieties. A preliminary stage is the approval for Wine and country wine Restrictions exist only with respect to hybrids (see Quality wine-grape varieties ). The varieties are listed in the country-specific lists of varieties with descriptions of their characteristics with quite similar characteristics, although inclusion in this list requires plant variety protection.
In Germany the grape varieties authorized here are classified in the "descriptive grape variety list" of the Bundessortenamt according to their purpose of use: