• The person (or employer) who bred, or discovered and developed, a variety (gardener, farmer, scientist, institute, corporation, etc.).

• 'Discovery' alone does not confer protection; 'Discovery & Development' is sufficient.

• Plant grouping within a single botanical taxon of the lowest rank.

• Variety is 'distinct' if clearly distinguishable from any other variety of common knowledge (at the time of application).

• Common knowledge is not restricted to protected varieties, national, or geographic borders.

• Variety is 'uniform' if--subject to variation expected from any peculiar features of its propagation--it is 'sufficiently' (not necessarily absolute) uniform in its 'relevant' characteristics.

• Variety is 'stable' if its relevant characteristic (plant height, leaf shape, flowering time, etc.) remain unchanged after repeated propagation.

• Novelty: 'new'; not sold prior to filing date

• Denomination: must be provided by breeder

• Examination of application & payment of fees

• 25 years (tree and vine species); 20 years (all other species)

• Breeder (titleholder) authorization required for certain acts (production or reproduction of material (seeds, bulbs, tubers, etc.) for the purpose of selling, marketing, exporting, and importing.

• Extends to harvested material if: 1) material obtained without authorization, and 2) breeder has not had reasonable opportunity to exercise their right with the material.

• Extends to varieties not clearly distinguishable from the protected variety: 1) 'Essentially Derived Varieties', 2) varieties whose production requires repeated use of protected variety (parental lines for hybrid crops).

• No member of UPOV may restrict the free exercise of breeder's right for reasons other than that of public interest (article 17).

• Private, non-commercial acts (subsistence farming, etc.)
• Experimental purposes.
• Breeding other varieties.
• OPTIONAL: Farmer-saved seed