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Guidance: Add a new plant variety to the national lists

Animal Plant Health Agency

January 8
10:09 2024

You must add a new plant variety to the UKs national lists if you want to market them. You could be prosecuted if you do not.

The monthly Seeds Gazette publishes information on national list applications for the Great Britain and Northern Ireland variety lists, including:

  • applications made
  • applications withdrawn
  • proposed decisions to accept or refuse a plant variety on to the national list
  • decisions of the tribunal made on an appeal
  • changes to a national list award or application

You can use the Gazette to follow the progress of an application through the national listing process.

The special edition publishes the approved Great Britain and Northern Ireland variety lists of:

  • agricultural plant species
  • vegetable plant species

Plant breeders rights give you intellectual property rights over your plant varieties in the UK. This is a separate application to national listing. You can apply for plant breeders rights, if youve:

  • bred, discovered or developed a plant variety
  • been chosen by the breeder as their successor

You can apply for national listing and plant breeders rights at the same time for agricultural and vegetable varieties. If you do, youll only have to pay for the cost of one application.

If you apply for national listing and plant breeders rights separately, youll pay the cost of 2 applications.

Species varieties that need to be listed

Check if your plant variety needs to be registered on the Great Britain and Northern Ireland variety lists.

How to apply for national listing

To get your variety on the national lists, you must follow these steps:

  1. Create your own breeders reference - this is a unique reference you must give to each new variety. (If youve already named your variety, that can be your breeders reference.)

  2. Choose a maintainer.

Once you have done this, you must then follow these steps:

  1. Apply online using UPOV PRISMA.

  2. Send your sample off to be tested for DUS.

  3. Send your sample off for value for cultivation and use (VCU) trial testing - this only applies to potatoes and agricultural crops, not vegetables.

VCU trials run at the same time as DUS testing.

Name your new variety

If youve not decided on a name when you submit your application, you must submit one by email during the application period.

A variety cannot be awarded national listing without an approved name.

It is advisable to send in naming proposals as soon as possible. The process of accepting a naming proposal can take up to 5 months to complete.

How to choose a name

Choose a name that:

  • is not already used by a variety of the same species
  • cannot be confused with the name of another variety or other goods
  • does not cause problems with recognition or production
  • accurately represents the variety or its characteristics

You can use a trademark or trade name when you sell seeds of the plant, but the name registered on the national list must be clearly shown on the packaging.

Objections to a proposed name or proposed change of name

Any person can object to the naming of a variety.

Objecting a variety name

Anyone who objects to a name must contact APHA to make an objection within 3 months of the decision being published in the Gazette. APHA will respond explaining the objections process and how to pay the 30 fee.

APHA will write to you and tell you if your objection is successful or not.

Appealing an objection to your variety name

If someone has objected to the naming of your variety, APHA will contact you with advice. This will include how to appeal.

Changing a name after approval

If you want to change the name after its been approved and is on the national list, you must email AHPA with the reason why youd like to change the name. If the change is accepted, itll cost you 30.

Animal and Plant Health Agency (APHA)
Email: pvs.helpdesk@apha.gov.uk

Choose a maintainer for your variety

You must arrange for someone to maintain your variety before its added to the national list.

Your maintainer must:

  • keep records of all the generations of the varieties - produce these if requested
  • allow authorised officers to inspect or examine any plants or plant material - provide samples if required

Anyone can apply to maintain a plant variety. Complete a maintainer form to apply to be a maintainer of a plant variety on the Great Britain and Northern Ireland variety lists. APHA will delete your variety from the list if nobody can maintain it.

Who can be a maintainer

The maintainer can be in a country granted equivalence. You can find a list of countries with species the UK will accept as meeting equivalence for variety maintenance.

If a country has not been granted equivalence for maintenance of varieties, youll need a UK maintainer.

Further applications can be made if you want to propose additional maintainers or need to change a maintainer.

Start your national list application on UPOV PRISMA

All applications for Great Britain and Northern Ireland variety listing must use the UPOV PRISMA online application process. Do this by:

  1. Setting up an account.

  2. Logging into your account.

  3. Completing and sending an application on UPOV PRISMA.

  4. Completing and uploading a maintain a plant variety form.

  5. Completing and uploading an authorisation of agent form, if you want to authorise an agent to apply on your behalf.

  6. Paying the UPOV PRISMA service fee - you will need to pay this for each variety.

You can apply yourself or you can get an agent to apply for you.

After youve completed and submitted your application, you will get an email to confirm your application has been received.

Youll get another email to let you know if your application has been accepted. APHA will invoice you an application fee once your application has been published in the Seeds Gazette.

This does not mean that your variety has been approved and awarded.

Exceptions

Amateur vegetables and conservation varieties do not need to use UPOV PRISMA to apply for UK national listing.

Authorise an agent

If you would like an agent to apply on your behalf, complete the authorisation of agent form and upload this to UPOV PRISMA with your application.

If you, or your chosen agent are not based in the UK, youll need to appoint an agent who has a UK address. This can be anyone in the UK, including your distributor.

If you authorise an agent after youve applied, you can email APHA with the completed authorisation of agent fo

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