What is Breeder's Right?
Breeder’s Right is an intellectual property right granted to individuals who develop new plant varieties. Just like a patent granted for an invention or the registration of a trademark, the breeder’s right over a new plant variety is protected through registration under specific legal conditions. This protection ensures the breeder’s effort, knowledge, and investment are safeguarded and grants them exclusive rights over the variety they have developed.
In Türkiye, the breeder’s right is regulated by Law No. 5042 on the Protection of Breeder’s Rights for New Plant Varieties. Türkiye became a party to the International Convention for the Protection of New Varieties of Plants in 2007 and is a member of UPOV. Law No. 5042 is aligned with international regulations. If new plant varieties meet the criteria of novelty, distinctness, stability, and uniformity, legal protection through breeder’s rights is granted to the rights holder for the variety they have bred.
In Türkiye, the breeder’s right is regulated by Law No. 5042 on the Protection of Breeder’s Rights for New Plant Varieties. Türkiye became a party to the International Convention for the Protection of New Varieties of Plants in 2007 and is a member of UPOV. Law No. 5042 is aligned with international regulations. If new plant varieties meet the criteria of novelty, distinctness, stability, and uniformity, legal protection through breeder’s rights is granted to the rights holder for the variety they have bred.
Holistic Intellectual Property Management
Thanks to the breeder’s right, the right holder can:
- Proliferate, sell, use, or export the new plant variety.
- Require others to permit the propagation, sale, or use of the new plant variety.
- Request legal action in cases of unauthorized use.
- Generate income by licensing or transferring the variety. If the breeder is an employee, they can claim breeder’s compensation from their employer for the variety they have bred.
With the proper use of the powers granted by the breeder’s right, this right not only protects intellectual labor but also creates economic value.
Who is the Holder of the Breeder's Right?
According to relevant laws, the natural or legal person who develops a plant variety becomes the holder of the breeder's right. However, if the breeding activity is carried out under an employment contract, the right may belong to the employer. Nevertheless, the employee breeder still reserves the right to claim compensation for that variety. The extent to which public institution employees can benefit from breeder's rights is regulated by a separate directive.
The “Breeder's Right Guide” is a reference resource that systematically presents IPRA’s expertise in intellectual property law in agriculture, covering both technical and legal aspects. Detailed information on breeder's rights can be found in the Breeder's Right Guide. The book can be ordered here.