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Plant Variety Rights Act 2022.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
The Plant Variety Rights Act 2022 is a comprehensive legislation that governs plant variety rights (PVR) in New Zealand. The Act aims to protect the rights of plant breeders and ensure fair competition in the agricultural sector and sets out a framework for the promotion of innovation in the agricultural industry in New Zealand. The Act extends exclusive rights to breeders, including the marketing, exporting, importing, and conditioning of propagating material, and introduces protections for "essentially derived varieties" and, under certain conditions, harvested material. It also incorporates provisions from the Wai 262 report to protect the interests of Māori, establishing a Māori Plant Varieties Committee to oversee the impact of PVR grants on kaitiaki relationships and requiring disclosure when breeders work with indigenous species. Additionally, the Act aligns New Zealand's PVR system with international standards under UPOV 91 and fulfills obligations under the CPTPP .
The Act reflects on the issues of extended exclusive rights, farm-saved seed provisions, Māori interests and Wai 262 Recommendations, international alignment, public interest test for compulsory licences, disclosure requirements, and fee structure. The key changes and principles introduced by the Act, designed to modernize the PVR system in New Zealand while respecting cultural heritage and aligning with international standards. The text consists of 159 Articles divided into 8 Parts and has 4 Schedules.
Entry into force notes
According to the Plant Variety Rights Act 2022 Commencement Order 2022 (2022/345), this Act (other than those provisions already in force and subpart 3 of Part 5) comes into force on 24 January 2023.
Notes
Consolidated version of the Act as of 24 January 2023.
Repealed
No
Publication reference
Public Act 2022 No 61.
Source language

English

Legislation Amendment
No