Frequently asked Question
Frequently Asked Questions
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What is Plant Variety Release and Registration (PVR)?
Plant Variety Release and Registration is a process that allows a new plant variety to be officially recognized and made available for commercial production and sale in Nigeria.
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What is Plant Variety Protection (PVP)?
Plant Variety Protection, also known as breeders' rights, is a form of intellectual property right that gives breeders the exclusive control over the propagation material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new, distinct, uniform, and stable plant variety.
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How can I apply for Plant Variety Release and Registration in Nigeria?
Applications for Plant Variety Release and Registration can be made through the Nigeria Seed Portal. Detailed guidelines and application procedures are provided on the portal.
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What are the requirements for a plant variety to be eligible for registration in Nigeria?
For a plant variety to be eligible for registration in Nigeria, it must be new, distinct, uniform, and stable. It also must have value for cultivation and use (VCU). The variety must also have a unique denomination or name.
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What is the process for obtaining Plant Variety Protection (PVP) in Nigeria?
The process for obtaining Plant Variety Protection in Nigeria involves submitting an application to the National Agricultural Seeds Council (NASC), which is responsible for granting breeders' rights. The application must include a detailed description of the variety and evidence of its distinctness, uniformity, and stability. This can be done online through the portal by going into the PVP portal.
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What are the benefits of obtaining Plant Variety Protection (PVP) in Nigeria?
Obtaining Plant Variety Protection in Nigeria gives breeders exclusive rights to produce, sell, and distribute the new variety, and to authorize others to do so. This can provide a significant commercial advantage and encourage further innovation and investment in plant breeding.
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How long does Plant Variety Protection (PVP) last in Nigeria?
In Nigeria, the duration of Plant Variety Protection is 20 years for most crops, and 25 years for trees and vines, from the date of the grant of the right.
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Can foreign breeders apply for Plant Variety Protection (PVP) in Nigeria?
Yes, foreign breeders can apply for Plant Variety Protection in Nigeria, provided that a similar protection is available to Nigerian breeders in their country.
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What happens if my application for Plant Variety Release and Registration or Plant Variety Protection is rejected?
If your application is rejected, you will receive a detailed explanation of the reasons for the rejection from the National Centre for Genetic Resources and Biotechnology (NACGRAB) for variety release or from National Agricultural Seeds Council (NASC) for breeders rights. You may have the opportunity to address the issues raised and resubmit your application to the respective offices.
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Can I appeal against a decision of the National Agricultural Seeds Council (NASC)?
Yes, if you disagree with a decision made by the NASC, you can appeal to the Minister of Agriculture and Rural Development within a specified period.
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What is the role of the National Agricultural Seeds Council (NASC) in Plant Variety Protection and National Centre for Genetic Resources and Biotechnology (NACGRAB) in Plant Variety Release and Registration?
The NASC is responsible for overseeing the protection of plant varieties in Nigeria. The NACGRAB is responsible for overseeing the release and registration of plant varieties in Nigeria. This includes evaluating applications, conducting tests, granting approvals, and enforcing breeders' rights, for both the organozations.
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What are the penalties for infringing on Plant Variety Protection (PVP) rights in Nigeria?
Infringement of Plant Variety Protection rights can result in legal action, including fines and imprisonment. The exact penalties depend on the nature and extent of the infringement.
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Can I sell a protected plant variety without the breeder's permission in Nigeria?
No, selling a protected plant variety without the breeder's permission is a violation of the breeder's rights and can result in legal action.
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How can I check if a plant variety is protected in Nigeria?
The National Agricultural Seeds Council (NASC) maintains a register of protected plant varieties in Nigeria. You can check this register to see if a particular variety is protected. This register is also available online in the Nigeria Sed Portal
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What is the difference between Plant Variety Release and Registration and Plant Variety Protection?
Plant Variety Release and Registration is the process of officially recognizing a new plant variety and making it available for commercial production and sale. Plant Variety Protection, on the other hand, is a form of intellectual property right that gives breeders exclusive control over the propagation and sale of a new plant variety.
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Can I apply for both Plant Variety Release and Registration and Plant Variety Protection for the same plant variety?
Yes, you can apply for both Plant Variety Release and Registration and Plant Variety Protection for the same plant variety. In fact, it is common for breeders to do so in order to maximize the commercial potential of a new variety.
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What happens if I sell a plant variety that I have applied for protection but have not yet received approval?
Selling a plant variety that is pending protection without the necessary approval can result in penalties, including fines and imprisonment. It is important to wait for approval before selling a new variety.
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What types of plants can be protected under Plant Variety Protection in Nigeria?
All plant species, including crops, trees, and vines, can be protected under Plant Variety Protection in Nigeria, provided they meet the criteria of being new, distinct, uniform, and stable.
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Who can I contact if I have more questions about Plant Variety Release and Registration or Plant Variety Protection in Nigeria?
For more information, you can contact the National Agricultural Seeds Council (NASC),National Centre for Genetic Resources and Biotechnology (NACGRAB) or visit the Nigeria Seed Portal.
FAQs About the portal
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What is the Nigeria Seed Portal?
The Nigeria Seed Portal is an online platform that provides information and resources related to plant variety registration and Plant Variety Protection in Nigeria. Breeders can also get their plant variety release applications and breeders rights application done online here. The registrars of NASC abd NACGRAB can use this portal in the back-end to srutinize, forward and grant certificates.
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What are the Plant Variety Release and Registration (VR) and Plant Variety Protection (PVP) portals?
The VR and PVP portals are sub-portals of the Nigeria Seed Portal. The VR portal provides tools and resources for managing the release of new plant varieties, while the PVP portal provides information and resources for understanding and complying with the Plant Variety Protection Law in Nigeria. In both these portals, breeders can apply for release or protection of ther varieties.
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How can I use the VR portal to register a new plant variety?
The VR portal allows breeders to register and submit their developed varieties for approval and release. Detailed guidelines and application procedures are provided on the portal.
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What information can I find on the PVP portal?
The PVP portal contains information on the conditions a variety has to meet to be protected, who can protect a variety, the requirements for applying for a variety protection certificate, the fees associated with the application process, and the processes for protecting a variety.
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What are the benefits of using the Nigeria Seed Portal?
The Nigeria Seed Portal provides a range of benefits, including access to information on plant variety registration and protection, regulatory documents, training materials, and tools. It also facilitates the application process for plant variety registration and protection, and helps users stay up-to-date with the latest developments in the seed industry.
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How does the VR portal help with the management of new plant variety releases?
The VR portal provides a comprehensive set of tools and resources for managing the release of new plant varieties. It allows the seed regulatory and other related agencies to maintain accurate records of new variety releases and ensure compliance with established regulations.
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How can I track the status of my application on the PVP portal?
The PVP portal facilitates the tracking of applications, allowing breeders to access the status of their applications at any time. They need to login, using the credentials offered by the Registrar and then go to “my applications”. Tis will show the dashboard of all the Applications that were submitted by the breeder .
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What is the role of the PVP portal in the implementation of the Nigerian Plant Variety Protection Law?
The PVP portal helps the Plant Variety Protection Office to implement the Nigerian Plant Variety Protection Law more efficiently. It provides an efficient and transparent application process, reducing the amount of time and resources it takes to process applications.
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What information can I find in the database of registered plant varieties on the PVP portal?
The database includes information about the protected varieties, their characteristics, and their origin. It also provides a list of varieties that have been protected and those which are still awaiting approval.
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What information does the PVP portal provide on the enforcement of the Nigerian Plant Variety Protection Law?
The PVP portal provides information on the penalties for infringement of the law and the remedies available to victims of infringement. Has all the information is online there is a high degree of transparency between all the operations and the status of the applications made by the breeders. This makes the plant variety protection law enforcement much easier to handle.
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How does the Nigeria Seed Portal support sustainable agriculture and food security in Nigeria?
By providing information and resources on plant variety registration and protection, the Nigeria Seed Portal supports the conservation and sustainable use of plant genetic resources. This contributes to sustainable agriculture and food security in Nigeria.
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Can I access training materials and tools on the Nigeria Seed Portal?
Yes, the Nigeria Seed Portal offers a range of training materials and tools that can help users improve their knowledge and expertise in the seed industry. There is a section on training materials and Resources where one can find different kinds of information with regard to plan variety protection non variety release and registration and other seed sector related activities. there are 11 links provided in the portal under the section important links useful links which can take which can be navigated proper information on various subjects and cross reference
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How does the VR portal ensure compliance with relevant standards for quality and variety registration?
The VR portal provides a comprehensive set of tools and resources for managing the release of new plant varieties, ensuring compliance with relevant standards for quality and variety registration. It allows the seed regulatory and other related agencies to maintain accurate records of new variety releases and ensure compliance with established regulations.
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How does the PVP portal protect the rights of Nigerian plant breeders?
The PVP portal provides a secure platform for submitting applications for plant variety protection, helping to safeguard the intellectual property rights of plant breeders. It also provides information on the enforcement of the Nigerian Plant Variety Protection Law, including penalties for infringement and remedies available to victims of infringement.
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What are the benefits of Plant Variety Protection (PVP) in Nigeria?
PVP allows for the protection of new improved plant varieties, promotes research, preserves biodiversity, enhances innovation in the agricultural sector, encourages farmers to select and grow new varieties, ensures fair and equitable access to the protected variety, gives plant breeders the incentive to invest in the research and development of new varieties, safeguards the intellectual property rights of plant breeders, and provides economic incentives to farmers and plant breeders.
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Who can use the Nigeria Seed Portal?
The Nigeria Seed Portal is designed for anyone involved in the seed industry in Nigeria, including plant breeders, farmers, seed companies, researchers, and anyone interested in plant variety registration and protection.
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How does the Nigeria Seed Portal promote the conservation and sustainable use of plant genetic resources in Nigeria?
By providing information and resources on plant variety registration and protection, and by facilitating the application process for plant variety protection, the Nigeria Seed Portal supports the conservation and sustainable use of plant genetic resources.
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How can the PVP portal help me if I'm a plant breeder?
The PVP portal provides plant breeders with a secure platform for submitting applications for plant variety protection. It also provides access to a database of registered plant varieties, information on the conditions a variety has to meet to be protected, and details on the enforcement of the Nigerian Plant Variety Protection Law.
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Can I find information about new varieties that are currently being developed on the Nigeria Seed Portal?
Yes, the Nigeria Seed Portal provides details on any new varieties that are currently being developed.
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Who can I contact if I have more questions about using the Nigeria Seed Portal?
For more information, you can contact the National Agricultural Seeds Council (NASC) or visit the Nigeria Seed Portal.