Unlocking The Potential Of Plant Variety Rights In The UAE

One of the lesser known, but fastest growing (no pun intended!) IP rights are Plant Variety Rights (PVRs). Originally formalised under a Convention of the International Union for the Protection of New Varieties of Plants (UPOV) in 1961 (since updated), the Convention provides a framework for protection of PVRs in the domestic laws of Member States. The UPOV is an intergovernmental organisation which has the aim of providing and promoting an effective system of plant variety protection.

With the UAE having a National Food Security Strategy and with vast sums being spent on investing in this area, local and international plant breeders/producers should be aware that the UAE offers a legal framework to protect these rights. Surprisingly, even those within the agricultural sector are often unfamiliar with this system. Historically, PVR protection has not been widely discussed or utilised in the UAE, with only a handful of applications ever filed. However, times are changing.

For local companies breeding rights, it will be increasingly important to ensure they are protecting new plant varieties they are creating, but also, ensure that they are not infringing existing Plant Variety Rights of third parties.

For international plant breeders, they should consider obtaining protection in the UAE in order to safeguard their rights, in light of the growth of local plant breeding industry. Not only could PVR registrations be used for defensive purposes, but also for licensing to other plant producers in the UAE, which in turn could generate additional revenue streams through licensing.

Let's look at the UAE's PVR system in more detail, to see how local and international entities, could utilise the system.

UAE's PVR Framework

In recent years, the UAE has made significant strides in strengthening its PVR framework. With a growing focus on sustainable agriculture and local food production, more businesses and innovators are beginning to realise the value of protecting their unique plant varieties. The proof of this lies in the increasing number of applications being submitted to the Ministry of Climate Change and Environment (MOCCAE).

The UAE's commitment to protecting these rights is also evident in its recently implemented online system designed to streamline the application process. For breeders and agricultural innovators, now is the time to take note and act.

Understanding the UAE's Legal Framework for PVRs

The UAE's PVR system is governed by Federal Law No. 17 of 2009, supported by its 2012 implementing regulations (the Law). Applications are handled by the MOCCAE, making it distinct from other intellectual property rights, which are overseen and managed by the Ministry of Economy. While the UAE is not yet a member of UPOV, ongoing legislative developments suggest a potential alignment with international standards in the future. In order to become a member, the UAE will need to implement the UPOV's Conventions in domestic law.

Eligibility for PVR Protection

The Law currently covers a range of plant species, including yellow corn, wheat, strawberries, dates, tomatoes, roses, blueberries, and quinoa, among others. While some varieties, such as blackberries, are not explicitly listed, MOCCAE officials have previously indicated that unlisted plants could still qualify for protection under the Law on a case-by-case basis.

To qualify for protection, your plant varieties must meet the following requirements:

• Novelty: The variety must not have been commercially exploited for more than one year in the UAE or four years internationally (six years for grapevines and trees).
• Distinctness: The variety must be clearly distinguishable from any known plant variety.
• Uniformity and Stability: The variety must exhibit consistent traits and remain unchanged after repeated propagation.
• Safety: The variety must not harm human health, animals, or the environment.

Ownership Rights in PVRs

Under the law, ownership rights in the plant variety belong to the plant breeder. However, these rights can be transferred to a third party by way of an assignment.

The exception to the rule above is where a variety is developed by an employee as part of their employment agreement and there is an expectation for such work to be done. In this case, the rights belong to the employer unless stipulated otherwise in the employment agreement.

How Does the Registration Process Work?

Filing for PVRs in the UAE is becoming a more straightforward process, following the introduction of MOCCAE's online filing system. For UAE based plant breeders, they can work directly with the MOCCAE for their PVR filings, or work through a local representative; for international plant breeders, they will have to appoint a local representative to submit and manage the application on their behalf.

While there are no official service fees for filing the PVR application, there will be professional fees to consider if you are obtaining assistance from a local representative to submit the application on your behalf (approximately USD 2,000 – USD 3,000). Official fees will be due later in the process, as touched on below.

As part of the filing requirements, where an applicant is filing with a local representative, they will need to provide a Power of Attorney to the local representative. Other required documents include assignments from the plant breeders to the applicant, and statements to support the requirements of novelty, distinctiveness, uniformity, stability and safety.

For UAE applicants, all documents will need to be notarised; for international applicants, all documents must be notarised and legalised in the country of signature for use in the UAE and submitted at the time of filing or within 30 days of filing. All documents will need to be translated into Arabic, if produced in another language.

Applicants are advised to prepare the requirements well ahead of any filing deadlines as the legalisation process is known to take several months.

After filing the PVR application and submitting the required documents, you can expect to wait 12 months or longer for approval from the officials. This can be longer depending on the backlog and resources at the MOCCAE.

Once approved, the application is published in an official gazette to notify third parties of the PVR. For 30 days after publication, any interested party can file an opposition against the registration of the plant variety. Once the opposition period ends, an official registration fee approximately USD 825 is payable in order to obtain the official registration certificate for that plant variety.

While the official fees for process are relatively low and cost-effective, budgeting for document legalisation and translation costs is essential which can go up to USD 1,500 per legalised document and USD 300 for local authentication of the same. Certified Arabic translations are required for any documents not prepared in Arabic. Translation costs are around USD 45 per page.

It is also important to note that, subject to priority dates (see below), the UAE operates a "first-to-file" system for PVR protection.

Right of Priority

If the applicant has submitted a PVR application in another country (party to the Paris Convention) he/she can claim a right of priority in their UAE application provided the UAE application is filed within 12 months of the first filed application. The priority date is important as this serves as the date from which novelty is examined.

Why Register a Plant Variety?

Securing PVRs offers numerous commercial and legal benefits. Breeders gain exclusive rights to control the production, sale, and distribution of their protected varieties. This prevents unauthorised use and allows for monetisation through licensing agreements and royalties. Additionally, registered rights strengthen market positioning, attract investment, and differentiate businesses in a competitive landscape. The period for protection and such exclusive registered rights is 20 years for agricultural products and 25 years for grapevines and trees.

Act Now to Protect Your Innovations

The UAE's PVR framework is evolving, and awareness is growing. With increased focus on sustainable farming and local production, protecting your plant varieties is more critical than ever. Undoubtedly, developing a new plant variety involves significant time, effort and research costs. Obtaining PVRs would assist breeders in recouping their investment by granting them with an exclusive period of rights.

Whether you're developing drought-resistant crops, ornamental plants, or enhanced fruit varieties, now is the time to take action. By securing your rights, you ensure that your innovations are not only protected but also positioned to thrive in an increasingly competitive market.