In line with ongoing reviews of the Plant Variety Rights Act 1987, a new Plant Variety Rights Bill was introduced to Parliament in 2021. This Bill has since been referred to a select committee and subsequently reported back to Parliament in November 2021.

One of the aspects of the new Plant Variety Rights Bill involves a review of Plant Variety Rights (PVR) fees, and the charging model for the current PVR regime.

• We consider that there is currently a significant need to review PVR fees. This is because PVR fees have not been updated since 2002, and the current scheme is currently operating at a deficit. Rather than simply increasing fees in response to current needs, some improvements to the structure and frequency of PVR fees have been proposed alongside changes to fees.
• We recently completed a limited consultation on PVR fees in 2021. This consultation was limited to industry professionals and experienced PVR contacts, and formed the basis of a discussion document containing our options for change.

We are now seeking feedback on a set of proposed changes to PVR fees as noted in the discussion document below.

• View the discussion document on PVR fee changes
• View proactively released Cabinet Paper: Plant Variety Rights Regime Fees Review 2022: release of discussion document and reprioritisation of funding.

Your feedback on the above discussion document will help us assess the impact of the proposed PVR fee changes, and consider if further updates are necessary. This will help the Minister of Commerce and Consumer Affairs make recommendations to Cabinet on the final structure and level of the fees charged by the PVR Office.

IPONZ hosted a virtual Q&A session on the Plant Variety Rights Fees Review on Wednesday, 11 May 2022. This meeting provided an opportunity to ask questions, or raise points for clarification about our discussion document prior to making a submission on the Plant Variety Rights Fees consultation. Off the back of the virtual Q&A session, IPONZ has compiled meeting notes summarising the session and a high-level walkthrough of the proposed PVR cost model and fees to provide additional transparency on the proposals included within the discussion document.

• View PVR 11 May discussion notes [PDF, 235 KB]
• View PVR cost model walkthrough [PDF, 283 KB]

Feedback on the discussion document should be submitted via email to mail@iponz.govt.nz before 5:00pm on Friday, 20 May 2022.

Once all feedback has been received and analysed by IPONZ, the proposed fees and fees structure will be further refined and presented for inclusion with the proposed PVR regulations. These new fees will then be expected to commence later in 2022.

Please be advised that the regulations for the new Plant Variety Rights Bill are undergoing a separate consultation at this time. For more information on this consultation and its details, please refer to the MBIE website.

If you have any questions in relation to this consultation, or the contents of the discussion document, please contact us via mail@iponz.govt.nz.