Plant variety protection in Ukraine
Ukraine is one of the world's largest agricultural producers and a critical market for the global seed industry. Operating under a UPOV-compliant framework, Ukraine requires a two-tiered legal approach for foreign breeders and seed companies to fully monetize their innovations:
Plant Variety Patent (PBR): Grants the exclusive right to authorize or prohibit the commercial exploitation of the variety.
Certificate of State Registration (NLI): Entering the variety into the State Register of Plant Varieties Suitable for Distribution in Ukraine is a strict legal prerequisite for selling seed or planting material on the Ukrainian market.
Without both, your IP is either unprotected from infringement or legally barred from the market.
ADVANCE PARTNERS provides specialized legal services for foreign entities navigating the Ukrainian Ministry of economy, environment and agriculture of Ukraine and the Ukrainian Institute for Plant Variety Examination (UIPVE).
The Ukrainian PVP System: Legal Framework
Ukraine's plant variety protection system is governed by:
- Law of Ukraine on the Protection of Rights in Plant Varieties – the primary PVP statute, aligned with UPOV 1991 Act standards
- Law of Ukraine on Seeds and Planting Material – governs the commercial circulation of propagating material of protected varieties
- UPOV Convention (Acts of 1978 and 1991) – Ukraine's UPOV membership since 1995 provides reciprocal recognition of priority rights with other UPOV member states
- TRIPS Agreement (WTO) – Ukraine's obligation to provide effective protection of new plant varieties
Competent authorities in Ukraine: the Ministry of Economy, Environment and Agriculture of Ukraine (makes decisions regarding registration and the issuance of protection documents) and the Ukrainian Institute for Plant Variety Examination (UIPVE) (conducts technical examination for DUS and VCU).
Protectability Criteria
A plant variety is eligible for PVP in Ukraine if it satisfies four criteria – referred to as the NDUS criteria (Novelty, Distinctness, Uniformity, Stability) – assessed through formal examination and DUS (Distinctness, Uniformity, Stability), VCU field trials.
The Registration Procedure
Pre-Filing Analysis
Before preparing an application, we conduct:
- Novelty and distinctness search: examination of UPOV, CPVO databases, ukrainian registers and national variety databases to identify existing varieties and assess the distinctness of the candidate variety
- Novelty compliance review: analysis of any prior sales, transfers or public disclosures of the candidate variety's propagating material to confirm compliance with the novelty grace periods
- Filing strategy: assessment of whether to file first in Ukraine, the EU (CPVO), or other priority markets, and how to sequence applications to maximise priority rights
Application Preparation and Prosecution
- Technical questionnaire (TQ): preparation of the detailed variety description in accordance with UPOV test guidelines for the specific crop species
- Application drafting: formal application with all required supporting materials – description, photographs, propagation scheme, breeder's statement
- Filing and payment of official fees
- Formal examination support: responding to examiner queries during the administrative review phase
- DUS and VCU trials coordination: supplying propagating material to the testing station, monitoring trial progress, and responding to technical observations from the examination authority
- Registration in the State Register
Fast-Track Registration for Varieties registered in EU and USA
Registration of a plant variety that is already registered in the EU or the USA is conducted without a local technical examination (DUS and VCU). By purchasing the official DUS report from the original testing authority, it is possible to fast-track the registration, reducing the timeline from 2–3 years down to just a few months.
Protection Terms
Scope of Breeder's Rights
The right holder, after PBR and NLI Ukrainian registration, has the exclusive right to authorise or prohibit the following acts in respect of the propagating material of the protected variety:
- Production or reproduction (for the purposes of propagation)
- Conditioning for the purpose of propagation
- Offering for sale
- Selling or other commercial marketing
- Exporting from Ukraine
- Importing into Ukraine
- Stocking for any of the above purposes
Under Ukraine's UPOV-91 aligned framework, protection may extend to harvested material where the breeder has not had a reasonable opportunity to exercise the right in relation to the propagating material.
Statutory Exceptions
Ukrainian law provides the following exceptions to the breeder's exclusive right, which do not require authorisation:
- Farmer's privilege: farmers may retain seed from their own harvest of a protected variety for use on their own holdings – subject to species-specific limitations and, for large farms, potential remuneration obligations
- Breeder's exemption: using a protected variety as initial breeding material to develop new varieties (but not essentially derived varieties – see Section 5)
- Private non-commercial use
- Experimental and research use
Essentially Derived Varieties (EDV)
The concept of essentially derived varieties (EDV) – introduced by the UPOV 1991 Act and incorporated into Ukrainian law – is one of the most commercially significant and frequently misunderstood aspects of the modern PVP system.
A variety is essentially derived from a protected initial variety (IV) if it is predominantly derived from the IV while retaining its essential characteristics, yet is clearly distinguishable from it. Typical routes to EDV status include: mutation breeding, selection of a natural or induced mutant, backcrossing, or genetic transformation without altering essential characteristics. Commercial exploitation of an EDV requires authorisation from the holder of the initial variety – even if the EDV itself has obtained independent PVP protection.
We advise both on protecting initial varieties against EDV exploitation, and on assessing the legal status of new varieties developed from protected varieties – before commercial launch.
Licensing and Commercialisation
A Ukrainian PBR is a fully transferable commercial asset. Rights holders may license or assign their plant variety rights – and are well advised to structure those transactions carefully, given the technical and biological dimensions that distinguish seed licences from standard IP licences.
We draft and negotiate licence agreements that protect the rights holder's commercial interests: with precise territorial, temporal and scope-of-use definitions; royalty structures calibrated to market norms for the specific crop; quality control provisions for propagating material; reporting and audit obligations; and effective termination and enforcement provisions.
Enforcement: Protecting Breeder's Rights
Unauthorised reproduction, sale, import or storage of propagating material of a protected variety without the rights holder's consent constitutes infringement of plant variety rights in Ukraine and attracts civil and criminal liability.
Our enforcement services include: identifying and documenting infringement (test purchases of propagating material; engagement of agronomy expert witnesses); cease and desist letters; civil litigation including applications for interim seizure orders; criminal referral to the Bureau of Economic Security or National Police; and representation in opposition proceedings against applications filed by third parties for varieties that conflict with our client's rights.
Our Services
Frequently Asked Questions
Does a foreign company need a local representative to file a PVP application in Ukraine?
Yes. Foreign applicants must act through a Ukrainian representative. ADVANCE PARTNERS acts as local representative for foreign seed companies and breeders, managing all communication with the Ministry and the testing authorities on the client's behalf.
Can a variety be protected in Ukraine if it has already been filed at CPVO?
Yes. Ukraine and the EU have separate PVP systems; a CPVO right does not automatically extend to Ukraine.
What is the difference between PBR and NLI?
These are two separate procedures in Ukraine and must not be confused. PBR is the IP protection instrument. NLI is the state registration in the Register of Plant Varieties Suitable for Distribution in Ukraine for the legal commercial sale of seeds of the variety in Ukraine. Both are typically required for full commercial exploitation. We manage both procedures.
How does the farmer's privilege affect our royalty collection in Ukraine?
Ukrainian law recognises the farmer's privilege for species covered by the UPOV 1978 Act framework and certain UPOV 1991 species. The practical effect depends on the crop species and the farm size. For many commercially important species – including vegetables, flowers, hybrid varieties and certain horticultural crops – the privilege does not apply or is severely restricted, meaning farmers who retain seed owe royalties. We analyse the scope of the farmer's privilege for each specific species and help rights holders implement appropriate royalty collection mechanisms, including farmer declarations and audit systems.
What is an essentially derived variety and why does it matter commercially?
An EDV is a variety that is predominantly derived from a protected initial variety while retaining its essential characteristics, even though it may be clearly distinguishable from it. The commercial significance: if a competitor's variety qualifies as an EDV of your protected variety, they need your licence to commercialise it – even if they have independent PVP protection. Conversely, if your new variety is derived from a protected variety owned by another party, you may need their licence before commercialisation. We assess EDV status before commercial launch to avoid costly disputes.
Are you a seed company, plant breeder or agricultural research institution seeking plant variety protection in Ukraine or international markets?
ADVANCE PARTNERS provides specialised local counsel for PVP registration, licensing, EDV analysis and breeder's rights enforcement in Ukraine.
Request a complimentary initial consultation. Our team will respond within one business day.
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