Key data
| Regulation | Order APA/774/2026, of July 22 |
|---|---|
| Publication | July 27, 2026 |
| Entry into force | July 27, 2026 |
| Titles granted | 14 plant variety titles |
| Protected species | Rice, bean, lettuce, lemon tree, hybrid mandarin, tomato and durum wheat |
| Duration of protection | 25-30 years depending on species (until 2051 herbaceous / until 2056 woody) |
| Affected parties | Seed companies, farmers, distributors and sector companies |
| Category | Agriculture and Fisheries |
| Year | 2026 |
If your company works with seeds or plant material of rice, bean, lettuce, lemon tree, mandarin, tomato or durum wheat, the Order APA/774/2026 affects you from today. The Ministry of Agriculture has granted 14 new plant variety titles that grant exclusive commercial exploitation rights to their holders for decades. Operating with these varieties without a license is not a minor irregularity: it is an infringement of intellectual property rights on plant varieties.
What does this regulation establish?
Order APA/774/2026 registers 14 varieties in Spain's Register of Protected Varieties. Each title granted gives its holder the exclusive right to authorize or prohibit the production, reproduction, multiplication, conditioning, offering, sale and any other form of commercialization of the reproductive material of those varieties.
The holders of the rights include both private companies and public research organizations:
| Holder | Type of entity | Related species |
|---|---|---|
| Hisparroz | Private company | Rice |
| Ramiro Arnedo | Private company | Bean, lettuce, tomato |
| Agrovegetal | Private company | Durum wheat |
| SERIDA (Regional Service for Agri-food Research and Development) | Public organization | Herbaceous varieties |
| IVIA (Valencian Institute of Agricultural Research) | Public organization | Lemon tree, hybrid mandarin |
The duration of protection varies depending on the type of species:
- Herbaceous species (rice, bean, lettuce, tomato, durum wheat): protection of 25 years, valid until the end of 2051.
- Woody species (lemon tree, hybrid mandarin): protection of 30 years, valid until the end of 2056.
Economic and operational impact
The main impact is not a fee or fixed cost: it is the obligation to obtain a license before operating with these varieties. This has direct economic consequences at several levels:
- License cost: each title holder sets its own conditions. Licenses may involve royalties per kilogram of seed produced or sold, annual fixed payments or percentages on sales. Without a license, any commercial use is illegal.
- Review of supply contracts: if you already work with any of these varieties, you must verify whether your current contract covers the new rights or if you need to renegotiate it.
- Risk of retroactive claim: the titles enter into force on July 27, 2026. Any commercial activity after that date without a license may be subject to a claim by the title holder.
- Opportunity for title holders: companies such as Hisparroz, Ramiro Arnedo and Agrovegetal can now monetize their varieties through licenses and limit competition in those varietal lines for decades.
Who does it affect?
- Seed companies and seed multiplication enterprises that work with rice, bean, lettuce, tomato or durum wheat.
- Nurseries and plant material producers of lemon tree or hybrid mandarin.
- Farmers who multiply their own seed of these varieties for sale or exchange.
- Distributors and wholesalers of seeds that commercialize these varieties without being license holders.
- Agricultural cooperatives that manage certified seed of these species.
- Importers and exporters of reproductive material of these varieties.
Practical example
A seed company that until now multiplied and sold a tomato variety without restrictions discovers that that variety has been registered in the Register of Protected Varieties in the name of Ramiro Arnedo through this Order. From July 27, 2026, if it continues to produce and commercialize that seed without a license agreement with Ramiro Arnedo, it is infringing exclusive plant variety rights.
The seed company must contact the title holder, negotiate a license (which may include royalties per kilogram sold) and adapt its contracts with customers. If it does not, the title holder can demand the cessation of the activity and claim damages for the period of unauthorized use from the date of entry into force.
The same applies to a Valencian nursery that works with lemon tree or hybrid mandarin seedlings whose varieties have been protected in the name of IVIA: it will need a license from the public organization to continue its commercial activity with that plant material until 2056.
What should companies do now?
- Identify if you work with any of the 7 affected species: rice, bean, lettuce, lemon tree, hybrid mandarin, tomato or durum wheat. If so, continue with the following steps.
- Consult the Register of Protected Varieties of the Ministry of Agriculture to verify whether the specific varieties you use are among the 14 newly protected.
- Contact the title holder (Hisparroz, Ramiro Arnedo, Agrovegetal, SERIDA or IVIA depending on the variety) to learn about the license conditions before continuing any commercial activity.
- Review existing contracts with seed and plant material suppliers and customers to ensure they adequately cover the new property rights.
- Document the origin of your plant material: keep all traceability of the varieties you handle. In case of inspection or claim, you must demonstrate that you have authorization from the title holder.
- Consult a specialist advisor in agricultural intellectual property if you have doubts about whether your activity falls within the scope of the rights granted or if there is any applicable exception (farmer's own use, research, etc.).
Frequently asked questions
What varieties and species are protected by Order APA/774/2026?
The order grants 14 plant variety titles on varieties of seven species: rice, bean, lettuce, lemon tree, hybrid mandarin, tomato and durum wheat. The title holders are Hisparroz, Ramiro Arnedo, Agrovegetal, SERIDA and IVIA. To find out the exact names of each protected variety, you must consult the full text of the order in the BOE or the Register of Protected Varieties of the Ministry of Agriculture.
How long does the protection of these varieties last?
The duration depends on the type of species. For herbaceous species (rice, bean, lettuce, tomato, durum wheat) protection is 25 years, valid until the end of 2051. For woody species such as lemon tree and hybrid mandarin, protection is 30 years, until the end of 2056.
Can a farmer continue to use their own seed of these varieties?
Plant variety regulations contemplate the "farmer's privilege" exception, which allows under certain conditions to save and resow your own seed. However, this exception has limits and does not cover sale or exchange. If your activity goes beyond use on your own farm, you need a license from the title holder. Consult a specialist advisor to assess your specific case.
What happens if I multiply or sell these varieties without a license?
You would be infringing the exclusive plant variety rights of the title holder. They can demand the immediate cessation of the activity and claim damages for the period of unauthorized use from July 27, 2026, the date of entry into force of the titles.
How do I contact the title holders to obtain a license?
The identified title holders are private companies (Hisparroz, Ramiro Arnedo, Agrovegetal) and public organizations (SERIDA and IVIA). For private companies, contact is direct through their commercial or legal departments. For public organizations, the license request is usually processed through their technology transfer offices. The starting point is to identify which specific variety you use and which title holder corresponds to its title in the Register.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16338