Plant variety protection exists to reward the years of research, crossing, and selection that go into developing a new apple cultivar. If you are curious about how licensing works, or if you simply want to understand your rights and responsibilities as a grower, you are in the right place. Feel free to get in touch with us if you have a specific question and would like to speak directly with someone from our team.
Growing the wrong variety without the right paperwork might seem like a minor oversight, but the legal and commercial consequences can be significant. This article walks you through everything you need to know about protected apple varieties, from what protection actually means to how you can get properly licensed.
What does it mean for an apple variety to be protected?
A protected apple variety is one that has been granted Plant Variety Rights (PVR), also known as Plant Breeders’ Rights (PBR). This form of intellectual property gives the breeder exclusive control over the production, sale, and licensing of propagating material for that variety. No one can legally grow, sell, or reproduce the variety commercially without the breeder’s permission.
Protection is typically granted by a national or regional authority after the variety is assessed for distinctness, uniformity, and stability. In the European Union, protection can be granted at the EU level through the Community Plant Variety Office (CPVO), or at the national level through individual member state offices. In other regions, equivalent systems exist, such as the Plant Variety Protection Act in the United States or similar legislation in New Zealand, Australia, and beyond.
Once protection is in place, the variety is essentially the intellectual property of the breeder. For a company like ours, this protection is what makes it possible to invest in long-term breeding programs. We run one of the world’s largest apple and pear breeding programs, evaluating over 10,000 new selections every year, and variety royalties are what fund that ongoing work. Without IP protection, that investment would not be sustainable.
What counts as growing a protected variety without a license?
Growing a protected apple variety without a license means planting, propagating, or commercially producing trees or fruit of that variety without written authorisation from the rights holder. This includes obtaining trees from an unlicensed nursery, propagating trees yourself from cuttings or budwood without permission, and selling fruit from those trees commercially.
It is worth being specific about what triggers an infringement. The key act is the use of propagating material, which includes budwood, rootstocks grafted with protected scion material, and young trees. If a nursery supplies you with trees of a protected variety without holding a valid propagation licence, both the nursery and, potentially, the grower can be held liable.
Importantly, simply not knowing a variety is protected is not a legal defence. Growers have a responsibility to verify the IP status of any variety they plant commercially. Buying trees through reputable, licensed nurseries is the most reliable way to stay on the right side of the law.
What are the legal consequences of growing a protected apple variety without a license?
The legal consequences of growing a protected apple variety without a license can include financial damages, injunctions requiring you to stop growing the variety, and, in some cases, the destruction of unlicensed plantings. Rights holders can pursue civil action to recover lost royalties and compensation for the infringement, and courts have the authority to order significant remedies.
In practice, the financial exposure can be substantial. Damages are typically calculated based on the royalties that would have been payable had a legitimate licence been in place, but courts can also award additional compensation for the harm caused to the breeder’s licensing programme. If a grower has been selling fruit commercially, the calculation can extend across multiple harvest seasons.
Beyond the direct legal costs, there are commercial consequences too. Retailers and supermarket chains increasingly require growers to demonstrate clean IP compliance as part of their supply chain requirements. An unlicensed grower risks losing contracts, damaging relationships with packers and exporters, and being excluded from premium club variety programmes altogether.
How do apple breeders find out about unlicensed growers?
Apple breeders and variety rights holders use a combination of market monitoring, nursery audits, and industry intelligence to detect unlicensed growing. Licensing organisations regularly audit nurseries and growers, cross-referencing the number of trees sold with the number of licensed hectares in production. Unusual volumes of a protected variety appearing in the market without a corresponding licence trail are a common trigger for investigation.
Modern variety identification tools have also made detection considerably more reliable. DNA fingerprinting can confirm with certainty whether fruit or trees belong to a specific protected cultivar, even when the variety is being sold under a different name or label. This technology removes much of the ambiguity that previously made enforcement difficult.
Trade channels also play a role. Packers, exporters, and retailers often require documentation of variety origin and licensing status. An unlicensed grower trying to sell protected fruit through formal trade channels will typically encounter questions that are difficult to answer without legitimate paperwork. Word also travels within regional grower communities, and licensing organisations actively encourage reporting of suspected infringement.
How do you get a legitimate license to grow a protected apple variety?
To get a legitimate license to grow a protected apple variety, you need to contact the variety rights holder or their appointed licensing organisation directly. The process typically involves signing a licence agreement, paying an annual royalty per tree or per hectare, and sourcing your trees from an approved, licensed nursery. Requirements vary by variety and by territory.
For club varieties, the process may be more selective. Some varieties are managed under a closed or restricted licensing model, where the rights holder carefully controls the total volume in production to maintain quality standards and market balance. In these cases, a licence may only be available through an approved programme partner in your region.
Our own varieties, which you can explore in our apple and pear variety portfolio, are licensed worldwide with no preferred partners. This means any grower, anywhere, can apply for a licence for a Better3Fruit variety. We encourage growers to reach out early in their planning process so that the right variety, nursery, and market channel can be identified before planting.
Are there apple varieties that anyone can grow without a license?
Yes, there are apple varieties that anyone can grow without a license. These are varieties that are either in the public domain because their plant variety rights have expired, or varieties that were never protected in the first place. Classic cultivars such as Gala, Golden Delicious, and Granny Smith are examples of varieties that are now free to grow without any licence obligation.
Plant variety rights have a finite term, typically 25 years for most crops and 30 years for trees and vines under EU rules. Once that term expires, the variety enters the public domain and can be freely propagated and grown by anyone. However, it is important to note that a trademarked brand name associated with a variety can remain protected even after the variety rights themselves expire. This means you might be able to grow the variety but not use the brand name to market the fruit.
Newer, commercially attractive apple varieties are almost always protected. If you are considering planting a variety that has been released in the last two to three decades and is associated with a recognisable brand or club programme, it is safe to assume it is protected and that a licence will be required. When in doubt, check with the breeder or a licensing body before you plant.
Understanding variety rights is an important part of running a compliant and commercially viable growing operation. If you are unsure about the status of a variety you are interested in, or if you want to explore licensing one of our varieties, contact us and we will be happy to guide you through the process.
Frequently Asked Questions
Can I transfer or sell my apple variety licence to another grower if I sell my farm?
Licences are typically non-transferable by default, meaning they are tied to the individual grower or business entity that signed the agreement. If you sell your farm or orchard, you will need to notify the rights holder or licensing organisation and formally arrange for the licence to be reassigned to the new owner. Failing to do so could leave the incoming grower in an unlicensed position, even if they purchased the property in good faith.
What should I do if I suspect I have unknowingly planted an unlicensed protected variety?
The best course of action is to contact the variety rights holder or licensing organisation as soon as possible and disclose the situation proactively. In many cases, rights holders are willing to work constructively with growers who come forward voluntarily, which can result in a retrospective licence arrangement rather than formal legal action. Attempting to conceal the issue or continuing to grow and sell the fruit commercially will almost always make the situation significantly worse.
Does a plant variety licence cover the whole world, or do I need separate licences for each country?
Plant variety rights are territorial, meaning protection is granted on a country-by-country or region-by-region basis. A licence granted in one country does not automatically authorise you to grow the same variety in another jurisdiction. If you operate across multiple countries or export propagating material internationally, you will need to confirm licensing requirements separately for each territory with the rights holder.
Are royalty rates fixed, or can they vary between growers and regions?
Royalty rates can vary depending on the variety, the territory, the scale of production, and the terms negotiated with the rights holder. Some licensing programmes apply a flat per-tree or per-hectare rate, while others may use a tiered structure based on volume. It is always worth discussing your specific situation directly with the rights holder or their licensing representative, as rates and payment structures are not always publicly listed.
Can I trial a small number of trees of a protected variety before committing to a full commercial licence?
Yes, many rights holders offer trial or evaluation licences that allow growers to plant a limited number of trees for assessment purposes before scaling up commercially. These arrangements are usually formalised with a separate agreement and may have specific conditions around how the fruit can be sold or used. Reaching out to the breeder early in your planning process is the best way to explore whether a trial licence is available for the variety you are interested in.
What is the difference between a club variety and a standard licensed variety, and how does that affect me as a grower?
A club variety is managed under a controlled licensing model where the rights holder restricts the total number of licences issued in order to manage supply, maintain quality standards, and protect market pricing. Access is often granted through approved programme partners, and growers may also need to commit to specific packaging, branding, or marketing requirements. A standard licensed variety, by contrast, is generally open to any grower who applies and meets the basic licence conditions, without restrictions on total production volume.
How do I verify whether a nursery is actually licensed to sell trees of a protected variety?
You can verify a nursery's licensing status by asking them to provide documentation of their propagation licence directly, or by contacting the variety rights holder to confirm that the nursery is on their approved supplier list. Reputable nurseries will have no hesitation in providing this information, and many rights holders maintain publicly accessible or easily requestable lists of authorised propagators. Never rely solely on a nursery's verbal assurance, as written confirmation is essential for your own compliance records.