We highly recommend working with an IP attorney throughout the entirety of your application process to avoid mistakes and increase chances of a successful application.
Attorney fees can range from AED 1,000-3,000 per hour.
Use our IP Attorney Registry to find a recommended agent to help guide you in your plant variety journey.
Note: Some documents should be submitted in both Arabic and English. Any missing documents should be submitted in accordance with the timeline instructed by the MoEc through official notification. (Generally, 90 days from the notification delivery.)
Applications are submitted through the MoCCAE’s portal. Detailed instructions, documentation requirements, and the application form are provided online to streamline the submission process.
For plant varieties, international protection is facilitated by treaties such as the International Convention for the Protection of New Varieties of Plants, commonly known as the UPOV Convention. The UPOV Convention provides a harmonized system for the recognition and protection of breeders' rights internationally.
UPOV does not grant a "worldwide" protection for plant varieties but allows breeders to apply for protection in multiple member countries through a more streamlined process based on a single application.
Upon submission, the application undergoes a formal examination to ensure all documentation is complete and accurate. Following this, a technical examination assesses the variety against the criteria of novelty, distinctness, uniformity, and stability.
Successful applications will result in the issuance of a plant variety certificate, signaling the commencement of exclusive rights for the breeder.
Your application undergoes an initial review to ensure it contains all necessary documentation. This verification step confirms your submission meets all requirements for plant variety applications, including accurate identification and detailed description of the new variety.
This phase entails a comprehensive assessment of the plant variety against the criteria of novelty, distinctness, uniformity, and stability. Known as the "technical examination," it scrutinizes the variety's characteristics to affirm its eligibility for protection. This pivotal step ensures that protection is granted solely to varieties that are genuinely new and distinct.
Should your application exhibit any deficiencies or lack essential information, you may receive official notices requesting further details or corrections. Timely and precise responses to these inquiries are essential for the continued progress and eventual success of your application.
You might be given the chance to amend your application or provide additional clarifications in response to feedback from the examining authority. This allows you to address any issues identified during the technical examination, thereby strengthening your application.
Following a successful technical examination, your plant variety will be published, inviting public examination. This window allows third parties to file objections if they contend that the variety does not meet eligibility criteria for protection. Effectively addressing any opposition is crucial for moving your application towards final approval.
After any objections are resolved, a final decision regarding your application is made. If approved, a plant variety protection certificate is issued, endowing you with exclusive rights to the variety. This certificate serves as a legal acknowledgment of your rights as a breeder, enabling you to enforce these rights in case of unauthorized use.
You can monitor the status of your plant variety protection applications via the Ministry of Climate Change and Environment (MoCCAE) digital services portal. Navigate to the section dedicated to plant variety applications to view the current status and any updates.
If additional information or revisions are required from your end, you will receive a notification and an email alert. Detailed instructions on the necessary actions will be available in the notification section of the portal.
It is crucial to renew your rights periodically. The specifics of the renewal process, including timelines and fees, should be directly obtained from the service page which takes 5 working days and no cost.
Vigilance is key to protecting your rights after being granted plant variety protection. Monitor the agricultural market for any unauthorized use of your plant variety, including unauthorized cultivation, reproduction, or sale. Enforcement can be undertaken personally or with the assistance of an IP attorney to manage potential infringements effectively.
Leveraging your protected plant variety for commercial success is crucial. This can involve cultivating and distributing the variety, using it in further breeding research, or licensing it for royalties. For detailed strategies on commercializing your plant variety and integrating it into the market, consulting with agricultural development experts or IP professionals can provide tailored advice.
To find out more about what you can do once you’ve been granted a plant variety Certification, please visit the Managing Your Plant Variety page.
