Plant Variety Protection Act, 1970 [PVPA] Law and Legal Definition

The Plant Variety Protection Act of 1970 (PVPA), is an intellectual property statute in the U.S. In order to be eligible for a certificate under the PVPA, a plant variety must satisfy four requirements:

1.Novelty

2.Distinctiveness

3.Uniformity

4.Stability

A plant variety certificate under the Act, gives a breeder the right to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing a hybrid or different variety.

For example, the federal statute states that the use and reproduction of a protected variety for plant breeding or other bona fide research shall not constitute an infringement of the protection provided under this Act. [7 USCS § 2544]