Maintain a Plant Variety Right

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Maintain a Plant Variety Right

There are a number of things you can do to maintain a PVR application you have filed, or a granted PVR you own.

If you have filed a Plant Variety Rights (PVR) application, or hold a granted PVR, it is your responsibility to protect and maintain your interest in that variety. This includes matters such as updating the information in your PVR application, or renewing your granted PVR. It is particularly important that the correct ownership and agent details are recorded for your variety in the IPONZ database.

You can request these and other changes to the record for your variety in our online case management facility. If you are not currently a registered user of the website, you may need to first create a login account.

Become a registered user

Renew a PVR

If you hold a granted PVR, you need to pay an annual grant fee (also known as a 'renewal fee') in order for the grant to remain in effect. This fee is due on each anniversary date of the grant, until the maximum term for your PVR is reached.

Annual grant fees for PVRs 

If a renewal fee is due for your PVR, we will send you one or more renewal notices before your due date. These notices will advise you of the deadline by which your fee must be paid.

  • We will send you a renewal notice three months before your due date.
  • We will send you a second renewal notice one month before your due date, if you have not yet paid your renewal fee by that time.

If your PVR was granted under the Plant Variety Rights Act 1987:

  • Your first renewal after 24 January 2023 will be charged according to fees under the Plant Variety Rights Act 1987. If you have not yet paid your renewal fee one month after this first renewal due date, we will send you a proposal of cancellation for your PVR.
  • Once you have completed this first renewal, any future renewals will be charged according to fees under the Plant Variety Rights Act 2022. If you have not yet paid your renewal fee by these due dates, we will send you a proposal of cancellation for your PVR.

A proposal of cancellation will give you a final deadline to pay your fee. If you have still not paid your renewal fee 28 days after we have sent a proposal of cancellation, your PVR will be cancelled.

If your PVR was granted under the Plant Variety Rights Act 2022:

  • Your renewals will be charged according to fees under the Plant Variety Rights Act 2022.
  • If your due date has passed and you have still not paid your renewal fee, your PVR will automatically be cancelled.

When a PVR reaches its maximum term of grant, it will expire. No further renewal fees are due for cancelled or expired PVRs.

Please be aware of misleading invoices that offer to renew your PVR in return for a high fee. If you receive an invoice from an unfamiliar organisation, do not pay it until you have verified that it is from an official source.

Misleading invoices 

Renew a PVR through our online case management facility

To renew a PVR, please visit the IPONZ online case management facility. You do not have to create an account or log into the facility in order to renew a PVR, although you will be required to provide your name and email address.

If you're a registered user

  1. Log in to the IPONZ online case management facility, using the Login button at the top right area of this webpage.
  2. In your Inbox, under the Plant Variety Right section, select Renew Plant Variety Right. This will open a Renew IP page.
  3. Confirm that your name and email address is correct, then select the Search button. This will open a Search Plant Variety Right Case(s) page.
  4. Search for and select the PVR(s) you wish to renew. This will return you to the Renew IP page with the details of those PVRs displayed.
  5. Confirm that the displayed varieties are the ones that you wish to renew.
    • You may add more PVRs to this screen by selecting the Search button.
    • You may remove PVRs from this screen by selecting the Remove button next to those varieties.
  6. Select the Submit button on the lower right corner of the screen to proceed to online payment.

If you're a casual user and don't use the site frequently

  1. Visit the Manage IP page of the IPONZ website. Under the Plant Variety Rights section, select Renew. This will open a Renew IP page.
  2. Enter your name and email address, then select the Search button. This will open a Search Plant Variety Right Case(s) page.
  3. Search for and select the PVR(s) you wish to renew. This will return you to the Renew IP page with the details of those PVRs displayed. 
  4. Confirm that the displayed varieties are the ones that you wish to renew.
    • You may add more PVRs to this screen by selecting the Search button.
    • You may remove PVRs from this screen by selecting the Remove button next to those varieties.
  5. Select the Submit button on the lower right corner of the screen to proceed to online payment.

Next steps

Once your payment has been successfully made:

  • A tax invoice will be sent to the email address you have provided.
  • A notification will be sent to the owner of the variety, along with a link to the renewal certificate.
  • The details of the variety will be updated to reflect its next renewal due date.

Assign a PVR to a new owner

When the ownership of a PVR changes, either the previous or the new owner/successor-in-title can request that the new details are recorded on the register. There is no charge for this service.

Requests to assign the ownership of a PVR must be submitted through our online case management facility. New owners must have a valid address for service in New Zealand or Australia.

New owners may designate an agent to manage the change in ownership of a PVR and/or receive correspondence from us.

Supporting evidence

As part of your request, you should provide a digital or scanned document which contains evidence supporting the change in ownership.

  • Your document can be a deed of assignment, or a sale and purchase agreement.
  • Your document must contain the signature of both parties to the transaction, and the date on which the assignment took effect.
  • Your document must identify the variety concerned, using its variety denomination. Commercial synonyms or other names for the variety are not considered to be adequate identification.

Alternatively, you may submit a statutory declaration stating that the PVR is owned by a party who is different from the owner listed in the register.

Request for a PVR to be assigned to a new owner

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Change Owner, click the Select case(s) for Assignment button. The Search Plant Variety Right case(s) page displays.
  4. Search for and select one or more PVR(s) for which you wish to change the owner. The Record a Change of Ownership on PVR(s) form displays.
  5. Enter your Client Reference.
  6. Select whether you are:
    • The owner (new owner). This option will list you as the new owner of the variety.
    • Acting on behalf of the owner. This option will allow you to facilitate the transfer of this variety to a new owner, and list you as the new agent for this variety. You will need to search for the new owner for this PVR from our database, and provide documentation indicating that you have been authorised to act as the agent for this new owner.
    • Acting on behalf of the owner for this request only. This option will allow you to facilitate the transfer of this variety to a new owner, but will not list you as the new agent for this variety. You will need to search for the new owner for this PVR from our database, and provide documentation indicating that you have been authorised to manage this assignment. If this variety has an existing agent, this agent will be retained, and your documentation should include an agreement between the new owner and this existing agent.
  7. Add your necessary documentary evidence to support your request, then select the Submit button to complete the form.

Next steps

Once your request to assign a PVR case has been submitted, this will be received by our office and actioned within 15 working days.

  • If your request is validated, the details of the varieties will be updated to reflect the new owner(s) and/or agent(s).
  • If we find any issues with your request, we may contact you for clarification, or refuse your request. 

Change the name of an owner or agent (updating existing details)

You can make a request online to modify the name of an entity in the PVR register. There is no charge for this service. Note that you must provide supporting documentation confirming the name change.

In order to update the name of an owner or agent, you must make the change to the register entry for that owner or agent – not to the variety itself. Once the name of that entity has been updated, it will propagate across all varieties and other cases where that owner or agent is involved.

Request for the name of an owner or agent to be updated

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under My Account, select Maintain Client. The Search IPONZ Client Database page displays.
  3. Search for and select the entity record you wish to change. The Maintain Client page displays.
  4. If the entity is a New Zealand company, search for its name or NZBN number in the Search NZBN Register field. Otherwise, modify the name of this entity in the Name field.
  5. In the Client Authority > Document section, select the Add Document button to upload your supporting documentation.
  6. Select Submit to complete your request.

Next steps

Once your request to change a name has been submitted, this will be received by our office and actioned within 2 working days.

  • If your request is validated, the details of the entity in our register will be updated to reflect its new name.
  • If we find any issues with your request, we may contact you for clarification, or refuse your request. 

Change an agent

You can make a request for an agent to be assigned to a variety, or for an existing agent on a variety to be changed or removed. There is no charge for this service.

If you are adding or changing an agent, you must provide supporting documentation such as an authorisation of agent form. This confirms that the new agent is authorised to act on behalf of the variety’s owner.

PVR Authorisation of Agent Form [PDF, 211 KB]

Please note that an agent will generally act as the primary contact for the variety, and may serve as an address for service for the owner. Changing the agent for a variety will direct all future correspondence from IPONZ to that agent.

Request for an agent to be changed on a PVR

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Change Agent / Case Contact, select the Select case for Change Agent button. The Search Plant Variety Right case(s) page displays.
  4. Search for and select one or more PVR(s) whose agents you wish to change. The Request a Change of Agent on PVR(s) screen displays with the varieties listed.
  5. Enter your Client Reference.
  6. Select whether you are replacing the current agent, adding a new agent, or removing the current agent (if one exists). 
  7. Under Agents, enter the new agent’s details by selecting the Search button. This will bring you to a Search IPONZ Client Database page where you can search for and select the new agent.
    • If you are adding a new agent to the existing agents on the variety, you must select whether the new agent should become the primary contact, or if the variety should retain its existing primary contact.
  8. Add your necessary documentary evidence to support your request, then select the Submit button to complete the form.

Next steps

Once your request to change the agent on a variety has been submitted, this will be received by our office and actioned within 2 working days.

  • If your request is validated, the details of the varieties will be updated to reflect the new agent(s).
  • If we find any issues with your request, we may contact you for clarification, or refuse your request. 

Change the address of an owner or agent

When an address for service, business or residential address, or, a communication address has changed, a notice of change of address must be filed with our office. There is no charge for this service. 

In order to update the address of an owner or agent, you must make the change to the register entry for that owner or agent – not to the variety itself. Once the address of that entity has been updated, it will propagate across all varieties and other cases where that owner or agent is involved.

PVR owners must retain a valid address for service in New Zealand or Australia.

Request for the address of an owner or agent to be updated

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under My Account, select Maintain Client. The Search IPONZ Client Database page displays.
  3. Search for and select the entity record you wish to change. The Maintain Client page displays.
  4. Select Edit next to the address you wish to modify. You may also use the Add or Remove options to add new addresses or remove existing addresses, respectively.
  5. Select Submit to complete your request.

In some instances, you may be prompted to provide supporting documentation confirming the change in address. You can do this by checking the Client Authority > Document section, and selecting the Add Document button to upload your supporting documentation.

Next steps

Once your request to change an address has been submitted, this will be received by our office and actioned within 2 working days.

  • If your request is validated, the details of the entity in our register will be updated to reflect the new address information.
  • If we find any issues with your request, we may contact you for clarification, or refuse your request. 

Propose a new denomination for a variety under PVR application

You can propose a new denomination for your variety after you have made the initial application, but before a grant of Rights is made. There is no charge for this service. 

These steps apply to applications only. A different process is applicable if you wish to propose a new denomination for a PVR that has already been granted:

Propose a new denomination for a granted PVR

The new denomination must conform to internationally accepted guidelines, and will be reviewed by an examiner as part of your application.

UPOV recommendations for variety denominations

Propose a new denomination for a PVR application

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Add Information to PVR Application, select the Select case for Amendment button. The Search Plant Variety Right case(s) screen displays.
  4. Search for and select the PVR application you would like to update. The Submit a voluntary Amendment for PVR [number] screen displays.
  5. In the Proposed Denomination field, add the proposed new denomination for your variety.
  6. Select Submit to complete your request. 

Next steps

Once your proposal for a new denomination has been accepted by our office, your application details will be updated to reflect the new denomination. This will be taken into consideration during further examination.

Request a compulsory licence for a PVR

You must first request authorisation from the owner or title holder of a PVR if you intend to take certain actions relating to that plant variety. In some situations where you are not able to obtain this authorisation, you can request the Commissioner to issue a compulsory licence for the variety.

As part of your request, you must provide substantive reasons and evidence, and pay a prescribed fee. The Commissioner may grant a compulsory licence only if at least 3 years have elapsed from the date the PVR was granted.

For more details on compulsory licences, including how these requests are considered, please see our Compulsory Licences page.

Compulsory Licences

Request a compulsory licence for a PVR

To request the issuance of a compulsory licence, please send your request and supporting documentation via email to mail@iponz.govt.nz.

Next steps

Once your request for a compulsory licence has been received, this will be reviewed and considered by our office as soon as possible.

The Commissioner will give the title holder of the protected variety, the applicant, and any other licensees an opportunity to be heard in relation to your request. Any resulting submissions will be shared with both sides, and will be taken into account before making a decision.

Add information to a PVR application

You can submit certain information for a PVR application so that this can be considered by your examiner. There is no charge for this service.

You can submit any of the information below:

  • Agent authority: A document confirming that the agent for the PVR application is authorised to act on behalf of its owner.
  • Availability of plant material: A statement on the availability of plant material for growing trials. This may include any of the following:
    • Growing trial information that advises of the location and establishment of a requested growing trial.
    • A notification that plant material has been supplied to a required test site.
    • Information regarding an inability to supply the requested variety.
    • A notification that plant material of the variety has been released from quarantine.
  • Evidence of ownership: Documentary evidence to establish that the owner of the PVR application is the rightful owner of the variety. This may include change of ownership documents; and/or a statement on whether the owner is the original breeder, or a successor-in-title.
  • Germination certificate: A certificate from a seed laboratory.
  • Importation notice: A notification that plant material required for testing has been imported. This may include notifications of issues or delays, such as quarantine matters.
  • Priority document: A certified copy of an application from the country or overseas authority where priority originated.
  • PVR photo: Photographs obtained from growing trials (or similar). These must be submitted in GIF or JPG format.
  • Trial evaluation / notifications: A notification that plants in a growing trial are suitable for evaluation. This includes confirmation that the plants are in a specific growth stage requested by the PVR Office, or information regarding trial issues (for example, poor growth, natural events, management errors).

With the exception of PVR photos, your information must be submitted in document format (DOC, DOCX, TXT, RTF, or PDF). 

Add information to a PVR application

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Add Information to PVR Application, click the Select case for Amendment button. The Search Plant Variety Right case(s) screen displays.
  4. Search for and select the PVR application you would like to update. The Submit a voluntary Amendment for PVR [number] screen displays.
  5. In the Document(s) field, select the Add button to upload your document.
  6. Select Submit to submit your uploaded document/s and complete your request.

Next steps

Once your additional information has been submitted, your documents will be added to your application details. These will be taken into consideration during further examination.

Withdraw a variety under application

If you are the owner or agent of a PVR application, you can request to withdraw it. This will close your application and end any of its ongoing examination and testing. There is no charge for this service.

The withdrawal of a variety from application is voluntary, and is entirely at the discretion of the variety owner. Once an application is withdrawn, it may not be possible to reinstate the application. However, a variety that has been withdrawn may still be eligible for a grant of PVR if a new application is made for the same variety.

These steps apply to applications only. A different process is applicable if you wish to surrender a PVR that has already been granted:

Surrender a granted PVR

Withdraw a PVR application

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Withdrawal of Variety Under Application, click the Select case(s) for Withdrawal button. The Withdraw PVR Application(s) screen displays.
  4. Under Case(s), enter the details of your variety by selecting the Search button. This will bring you to a Search Plant Variety Right case(s) page where you can search for and select the varieties you would like to withdraw.
  5. Tick the Confirm withdrawal of PVR(s) box.
  6. Select Submit to complete your request.

Next steps

Once your request to withdraw an application has been submitted, this will be received by our office and actioned within 2 working days.

Restore a lapsed application or a cancelled PVR

If you have a lapsed application or cancelled PVR that was filed or granted under the Plant Variety Rights Act 2022, you may request for it to be restored to its previous status. 

To request for restoration, you will have to:

  • apply for restoration through the online system;
  • provide evidence, in the form of a statutory declaration or sworn affidavit, that the failure to pay a fee or respond to an examiner’s request was unintentional and that there was no undue delay in making the application for restoration.

Your evidence must be provided as part of your request for restoration.

This option is not available for varieties that were filed or granted under the Plant Variety Rights Act 1987.

Request to restore a lapsed PVR application or a cancelled PVR

  1. Log on as a registered user of the website.
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under the Restoration section, click the Select case for Restoration button. The Search Plant Variety Right case(s) screen displays.
  4. Search for and select the varieties you wish to restore. The Request Restoration of a Plant Variety Right screen displays.
  5. In the Justification field, provide a summary of the circumstances that led to the failure to pay a fee, or comply with requirements.
  6. In the Documentary Evidence field, select the Add button to upload your supporting documentation.
  7. Select Submit to complete your request.

Next steps

Once your request for restoration has been submitted, this will be reviewed by our office as soon as possible.

If your request for restoration is accepted by our office, this will be advertised for possible opposition. If no person opposes the restoration within two months of the advertisement, you will be given the ability to resolve any pending requirements.

  • If your application became lapsed due to a failure to respond to an examiner’s request, you will be given 6 months to respond to your examiner.
  • If your application became lapsed due to a failure to pay an examination or trial fee, and you will be given 1 month to pay the fee.
  • If your granted PVR became cancelled due to a failure to pay a renewal fee, you will be given 1 month to pay the fee.

Once you have resolved any pending requirements, your lapsed application or cancelled PVR will then be restored to its previous status.

Surrender a granted PVR

If you are the owner or agent of a granted PVR, you can voluntarily surrender your rights to it. This will relinquish all rights attached to the PVR. There is no charge for this service.

The surrender of a PVR is voluntary, and is entirely at the discretion of the variety owner. Once a PVR is surrendered, it will not be possible to reinstate this.

If you request to surrender a PVR that was granted under the Plant Variety Rights Act 2022:

  • Your request must include the reasons for your surrender, as well as the details of every relevant proceeding before the courts.
  • Your proposal to surrender will first be advertised in the Plant Variety Rights Journal. Within two months of the advertised proposal, any person may oppose the surrender of the PVR.

These steps apply to granted PVRs only. A different process is applicable if you wish to withdraw an application that has not yet been granted as a PVR.

Withdraw a variety under application

Surrender a granted PVR

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Surrender of Granted Plant Variety Right, click the Select case for Surrender button. The Surrender a PVR screen displays.
  4. Under Case(s), enter the details of your variety by selecting the Search button. This will bring you to a Search Plant Variety Right case(s) page where you can search for and select the varieties you would like to surrender.
  5. Tick the Confirm surrender of PVR box.
  6. Select Submit to complete your request.
    • If you are surrendering a PVR that was granted under the Plant Variety Rights Act 1987, this will immediately surrender your PVR.

Next steps

If you are surrendering a PVR that was granted under the Plant Variety Rights Act 1987, your PVR will be surrendered immediately upon submitting your request.

If you are surrendering a PVR that was granted under the Plant Variety Rights Act 2022:

  • Your request will be reviewed by our office as soon as possible.
  • If your offer to surrender is accepted by our office, this will be advertised for possible opposition. If no person opposes the surrender of the PVR within two months of the advertisement, your PVR will become formally surrendered.

Propose a new denomination for a granted PVR

You can propose a new denomination for your variety after a grant of Rights has been made. There is no charge for this service. We recommend that you directly contact the PVR Office before making any request to propose a new denomination for a granted variety. 

As part of your request, you must provide a substantive reason for the change, which will be reviewed by the PVR Office. The new denomination must follow all standard requirements, as for a proposed denomination at application.

These steps apply to granted PVRs only. A different process is applicable if you wish to propose a new denomination for an application that has not yet been granted as a PVR.

Propose a new denomination for a PVR application

You may not propose a new denomination for a granted PVR that has since expired or lapsed, or has been surrendered or cancelled.

Propose a new denomination for a granted PVR

  1. Log on as a registered user of the website. 
  2. From the left-hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Propose New Denomination for Granted Plant Variety Right, click the Select Case for Denomination Proposal button. The Search Plant Variety Right case(s) screen displays.
  4. Search for and select the granted PVR you would like to update. The Propose a Denomination to a PVR screen displays.
  5. In the Proposed Denomination field, add the proposed new denomination for your variety.
  6. In the Justification field, select the Add button to upload your document containing your substantive reasons for the change.
  7. Select Submit to complete your request. 

Next steps

Once your proposal for a new denomination has been submitted, this will be considered by our office as soon as possible.

  • If your request is validated, your application details will be updated to reflect the new denomination.
  • If we find any issues with your request, we may contact you for clarification, or refuse your request. 

Regenerate a certificate of grant

If you are the owner or agent for a granted PVR, you can regenerate its certificate of grant and have the new copy added to your case. This may be useful if the rights to your PVR have recently changed ownership, or if the PVR has had any updated information that would be reflected in its certificate.

The regenerated certificate of grant will reflect your PVR as it is currently recorded in the register.

Regenerate a certificate of grant

  1. Log on as a registered user of the website. 
  2. From the left hand menu of your Inbox, under Plant Variety Right, select Maintain a Plant Variety Right. The Plant Variety Right Change Request(s) page displays.
  3. Under Regenerate Grant Certificate, click the Select case for Regeneration of Grant Certificate button. The Search for Plant Variety Right Case(s) screen displays.
  4. Search for and select the PVR whose certificate you wish to regenerate. The Request Regeneration of the Grant Certificate page displays.
  5. Verify that the variety details displayed here are correct, then select Submit to complete your request. 

Next steps

Once your request has been submitted, a certificate of grant for your PVR will be generated using its current details. This certificate will be added to the documents for your variety. A corresponding email notification and discussion will then be sent to the user in charge for that variety.

Download a copy of your certificate of grant

  1. Log on as a registered user of the website.
  2. From the left hand menu of your Inbox, under Plant Variety Right, select Search the PVR Register. The Search Plant Variety Rights Case(s) page displays.
  3. Search for and select the PVR whose certificate you wish to download. The case file for that PVR displays.
  4. Select the Documents tab under that PVR, then look for a document titled “Grant Certificate”. Select the title of this document to open and/or download it to your computer.