Legislation Details
- Full Title: Federal Law Regarding the Protection of New Plant Varieties
- Law Type: Federal Law
- Law Number: [number] of 2025
- Issued Date: 26 Dec 2025
- Effective Date: 01 Jan 2026
- Official Gazette: No. 814
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 90
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates the grant and protection of Plant Breeders' Rights in the United Arab Emirates. It establishes a Register of the Protection of New Plant Varieties and empowers the Registrar to oversee the registration of new plant varieties and breeders' rights. The law sets out the conditions for obtaining plant breeders' rights, including requirements for novelty, distinctness, uniformity, and stability of the plant variety. It also specifies the scope of plant breeders' rights, exceptions, and procedures for applications, transfers, and dispute resolution. The law aims to promote the development of new plant varieties in the UAE. (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 1-37)
What is the scope and purpose of this law?
The purpose of this Federal Law is to regulate the grant and protection of Plant Breeders' Rights in the United Arab Emirates (Art. 2). The law applies to all plant genera and species in the UAE (Art. 3). It establishes a Register of the Protection of New Plant Varieties at the Ministry of Climate Change and Environment, where new plant varieties and breeders' rights are recorded (Art. 4). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 2-4)
What are the key definitions under this law?
The law provides the following key definitions:
- Variety: Any plant grouping within a single botanical taxon of the lowest known rank, which can be defined by the expression of characteristics resulting from a given genotype or combination of genotypes, and considered as a unit with regard to its suitability for being propagated unchanged (Art. 1).
- Plant Breeder: The person who bred, or discovered and developed, a Variety; the employer of such person; or the legal successor of the breeder or employer (Art. 1).
- Plant Breeder's Right: The right stipulated in this Law (Art. 1).
- Protected Variety: A Variety for which protection has been granted under a Plant Breeder's Right (Art. 1).
- Propagating Material: Any plant material, parts, cells, tissues, organs, or plant genetic material that may be used for plant propagation or reproduction (Art. 1).
(Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The Variety must meet the conditions of novelty, distinctness, uniformity, and stability to be eligible for a Plant Breeder's Right (Art. 6). 2. The Plant Breeder must file an application for a Plant Breeder's Right with the Registrar (Art. 12). 3. The Plant Breeder must pay the prescribed fees for the application and registration (Art. 6, 34). 4. The Plant Breeder must comply with the requirements for the denomination of the Variety (Art. 19). 5. The Holder of the Plant Breeder's Right must pay the annual fees to maintain the right (Art. 33). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 6, 12, 19, 33-34)
What licensing, registration, or approval requirements exist?
The law requires the registration of new plant varieties and plant breeders' rights in the Register of the Protection of New Plant Varieties established at the Ministry of Climate Change and Environment (Art. 4). The Registrar is responsible for supervising the Register and coordinating with relevant entities (Art. 5). The law does not specify any other licensing, registration, or approval requirements. (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 4-5)
What rights and protections does this law provide?
This law provides the following key rights and protections: 1. The grant of a Plant Breeder's Right, which gives the Holder the exclusive right to perform certain acts in relation to the Propagating Material of the Protected Variety, such as production, sale, export, and import (Art. 15). 2. The right of priority for a Plant Breeder who has filed an application for the protection of a Variety with a member of the International Union for the Protection of New Varieties of Plants (UPOV) (Art. 13). 3. Provisional protection for the Variety during the application process (Art. 22). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 13, 15, 22)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Ministry of Climate Change and Environment, which is responsible for the Register of the Protection of New Plant Varieties (Art. 4). 2. The Registrar, which is the competent organizational unit within the Ministry responsible for the registration of new plant Varieties and Plant Breeders' Rights (Art. 5). 3. The Minister of Climate Change and Environment, who is empowered to issue Compulsory Licenses (Art. 26) and Resolutions for the implementation of the law (Art. 35). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 4-5, 26, 35)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation does not provide details on penalties or sanctions for violations of the law. (Federal Law Regarding the Protection of New Plant Varieties, 2025)
What fees, charges, or financial provisions are specified?
The law states that the grant of a Plant Breeder's Right is subject to the payment of the prescribed fees (Art. 6). It also requires the Holder of the Plant Breeder's Right to pay annual fees to maintain the right (Art. 33). However, the law does not specify the exact amounts of these fees or charges. (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 6, 33)
What exemptions or exceptions apply?
The law does not specify any exemptions or exceptions to its scope or requirements. The legislation does not mention any parties or activities that are excluded from the law's provisions. (Federal Law Regarding the Protection of New Plant Varieties, 2025)
How are disputes resolved under this law?
The law provides for the right to appeal against administrative decisions made under this law (Art. 31). However, it does not specify the dispute resolution mechanisms or procedures to be followed. (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 31)
What are the key deadlines and time limits?
The law sets the following key deadlines and time limits: 1. A Variety is considered "new" if Propagating Material or harvested material has not been sold or otherwise disposed of to others by the breeder, or with their consent, for purposes of exploitation of the Variety, in the UAE earlier than one (1) year before the filing date, or outside the UAE earlier than four (4) years before the filing date, or earlier than six (6) years before that date in the case of trees or vines (Art. 7). 2. The Plant Breeder has a right of priority for a period of twelve (12) months from the filing date of the first application with a UPOV member for the purpose of filing an application in the UAE (Art. 13). 3. The Registrar may require the Plant Breeder to submit additional information within a period of not less than three (3) months from the filing date of the application (Art. 13). 4. The Plant Breeder has a period of two (2) years after the expiration of the priority period, or an appropriate period after the first application has been rejected or withdrawn, to furnish the Registrar with the necessary information, documents, and material (Art. 13). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 7, 13)
How does this law interact with other UAE legislation?
This Federal Law Regarding the Protection of New Plant Varieties repeals the previous Federal Law No. (17) of 2009 on the same subject (Art. 36). The law also references the following related legislation: - Federal Law No. (1) of 1972 Regarding the Competences of the Ministries and the Powers of the Ministers, as amended (Preamble). - The Ministerial Resolutions issued for the implementation of the provisions of this Law (Art. 1, 35). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Preamble, Art. 1, 35-36)
When did this law come into effect?
This Federal Law Regarding the Protection of New Plant Varieties was issued on 26 December 2025 and came into effect on 1 January 2026 (Art. 37). (Federal Law Regarding the Protection of New Plant Varieties, 2025, Art. 37)
Source Documents
This article analyses Federal Law Regarding the Protection of New Plant Varieties for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.