Plant Variety Rights Act 1987 review: consultations on exposure draft of regulations and proposed fees

Submissions closed: 20 May 2022, 5pm

The Ministry of Business, Innovation and Employment (MBIE) is seeking feedback on an exposure draft of the proposed new Plant Variety Rights (PVR) regulations. The Intellectual Property Office of New Zealand (IPONZ) is also seeking feedback on fees to support the new PVR regime. More information about both consultations is available on this page.

Exposure draft of proposed new PVR regulations

Following consultation in 2021 on proposals for new Plant Variety Rights regulations, we are now seeking feedback on an exposure draft of the proposed new regulations. These regulations will support the new PVR legislation which is currently in Parliament. They are expected to come into effect in mid-2022.

The proposed new regulations align with the Patents Regulations 2014 where it makes sense to do so. They prescribe the procedures to be followed for the processes set out in the Bill. These processes relate to both PVR applications and PVRs once they have been granted.

The regulations list the quantities of seed required to be provided with a PVR application. The PVR Office has proposed some revisions to these quantities and we are also seeking your feedback on these.

Alongside the exposure draft of the proposed PVR regulations, the proposal to revise seed quantities required with a PVR application and the submissions template below, we have prepared some accompanying material to assist consideration of the regulations:

  • An A3 Poster Guide to the new regulations: this groups the regulations relating to specific processes.
  • A short guide to the new regulations: this follows the same groups as the poster and provides a bit more information on the regulations in each group.

Exposure draft consultation documents:

Review of Plant Variety Rights Fees

Following a targeted consultation with industry professionals and experienced PVR contacts in 2021, IPONZ is now seeking feedback on proposed changes to fees under the PVR regime.

The objectives of the review of fees are to ensure that:

  • the PVR Office is funded sustainably;
  • users meet an appropriate portion of the cost given the benefit they receive; and
  • both fees and the Plant Variety Rights (PVR) regime are transparent and equitable, while maintaining business certainty for users of the regime.

The discussion document below outlines the proposed changes to the fees structure and level of fees. This also includes the issues and options that have been taken into consideration, and key questions to help us understand the impacts of the options on your business. These may help you to formulate your views and any submission you make.

Your feedback on the proposals in this document will be used to 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.

PVR fees consultation document:

Last updated: 13 April 2022