Agriculture Minister Todd McClay and Commerce and Consumer Affairs Minister Cameron Brewer announced this month the government was strengthening plant variety rights (PVRs) to protect investments underpinning high-value exports, regional jobs and global demand for New Zealand produce.
NZ Summerfresh Ltd chairman Stephen Darling, of Ettrick, said in the past four years five new apricot varieties had been launched in New Zealand, which meant apricots were ready a month earlier and three to four weeks later than the traditional varieties.
‘‘This [the PVR changes] extends the opportunity to rebuild high-value export sales for New Zealand apricots after other southern hemisphere countries are finished.’’
The plant breeding work was done by Plant and Food Research (PFR) and the evaluation of the new varieties was undertaken by a working group of apricot growers and PFR members, he said.
The changes would extend the period of protection and the premium new apricots could achieve for growers and the summer-fruit industry, Mr Darling said.
Amendments to the Plant Variety Rights Act would extend breeders’ and importers’ exclusive rights over new plant varieties by five years for a maximum of 25 or 30 years, depending on the type of plant, from the day of application, Mr Brewer said.
The government was also restoring provisional protection, so breeders were covered from day 1 of their rights application instead of when it was granted, he said.
‘‘This means plant breeders can take immediate legal action if new varieties are stolen and commercially exploited during the application process, which can take up to five years and sometimes much longer.
‘‘High-value horticulture relies on years, often decades, of breeding, testing and commercialisation.
‘‘Strengthening the Plant Variety Rights Act 2022 gives New Zealand the intellectual property settings it needs to compete internationally, protect our investment and grow export returns,’’ he said.
Zespri’s projections showed extending the PVR term by five years for SunGold Kiwifruit alone would mean additional revenue of around $1.8 billion over five years from the time of the extension, Mr Brewer said.
‘‘Growers will also benefit from additional returns as PVR varieties maintain their market value for longer, allowing growers to continue to build high-value demand ahead of supply.’’
Mr McClay, who is also trade and investment minister, said the changes would provide vital support for growers.
‘‘In 2024, 75% of the $3.5b in export returns from kiwifruit and an estimated 55% of the $979 million in export returns from apples came from plant variety rights-protected varieties.’’
Prevar chief executive Tony Martin said apple and pear exports generated more than $1.2b in annual export revenue and supported regional economies in Central Otago, Hawke’s Bay, Tasman and Tairāwhiti.
The pipfruit industry had ambitions to double exports to return $2b a year, Mr Martin said.
‘‘Intellectual property [IP] is at the heart of that strategy.
‘‘Today, more than half of New Zealand’s apple plantings are in IP-protected varieties, which deliver stronger productivity and returns, as well as consistent demand in global markets.’’
BusinessNZ director of advocacy Catherine Beard said strengthening the innovation foundations of New Zealand’s most successful export sectors was a must.
‘‘Plant breeding is a long-term investment. In many cases it can take 15-25 years for new varieties to move from research through to final product.
‘‘If New Zealand wants to remain competitive internationally and continue growing high-value exports, we need regulatory settings that give innovators confidence to invest here.’’
The proposed amendments should better align the PVR with international best practice, including key export markets such as the European Union, United Kingdom and Japan, she said.
‘‘Stronger protections will help reduce the risk of intellectual property leaks during the testing and application process, while also supporting further investment into research and development.’’
