New protected plant varieties 2026: royalties and obligations for nurseries and farmers

Key data

Nurseries, seed companies and farmers working with plant varieties have a new obligation as of May 25, 2026: to verify whether the varieties they produce, sell or cultivate have received a Plant Variety Protection Title under Order APA/502/2026. If so, they need express authorization from the breeder and must pay the corresponding royalties or licenses.

This order does not create a new system: it formalizes the granting of titles within the already existing framework of the Register of Protected Varieties, the European Community plant variety protection system and the UPOV Convention. But each new grant expands the catalog of varieties with active rights, which requires any company in the sector to review its work portfolio.

What does this regulation establish?

Order APA/502/2026 formalizes the granting of Plant Variety Protection Titles and registers the corresponding varieties in the Register of Protected Varieties. These titles are, in practice, intellectual property rights over new plant varieties.

The specific effects of each title granted are:

• Production exclusivity: only the breeder or someone with their license can produce the protected plant material.
• Sales and marketing exclusivity: distribution of the material is also reserved to the title holder or their licensees.
• Determined duration: protection has a period of validity established by the applicable UPOV and Community regulations.
• Royalty obligation: any farmer or company using these varieties must pay the economic consideration set by the title holder.

The legal framework supporting these titles is twofold: the European Community plant variety protection system and the UPOV Convention (International Union for the Protection of New Varieties of Plants), which gives the granted rights international scope.

Economic and operational impact

The direct economic impact for companies in the sector materializes on two fronts:

• Cost of royalties and licenses: farmers and companies using protected varieties must pay the breeder. The amount is set by the title holder, not the Order. This can represent a recurring cost per season or per unit of reproduced material.
• Cost of verification and compliance: nurseries, seed companies and phytogenetic companies must keep their knowledge of the Register of Protected Varieties updated to avoid using protected material without authorization.

The main operational risk is inadvertent use of protected varieties. In a sector where varieties are renewed frequently, a company may be working with material that has just received protection without knowing it. This makes periodic consultation of the Register an operational necessity, not just a legal one.

For breeders, the granting of the title represents an economic opportunity: they can license their variety, collect royalties and control who accesses their genetic material during the protection period.

Who does it affect?

• Nurseries: must verify that the varieties they produce and sell are not protected by new titles without a valid license.
• Seed companies: obliged to respect the exclusivity rights over protected varieties they market or reproduce.
• Farmers: those who cultivate protected varieties must pay royalties or licenses to the title holder breeder.
• Phytogenetic sector companies: any company working with plant improvement, variety selection or germplasm marketing must review its portfolio against the updated Register.
• Plant breeders: are the direct beneficiaries: they receive the titles that grant them exclusivity and the right to collect royalties.

Practical example

A nursery working with fruit varieties and has been producing a particular apple variety for years receives notification that this variety has just been registered in the Register of Protected Varieties through Order APA/502/2026.

From that moment on, the nursery has three options: negotiate a license with the breeder and pay the agreed royalties to continue producing and selling that variety; stop working with it and replace it with another unprotected variety; or continue without a license, assuming the risk of a legal claim for infringement of plant variety protection rights, which may include financial compensation to the title holder.

The correct decision always involves consulting the Register of Protected Varieties before incorporating or maintaining any variety in the production catalog, especially after each new grant order published in the BOE.

What should companies do now?

1. Consult the Register of Protected Varieties: check if any of the varieties your company works with has received a new title under Order APA/502/2026. The Register is the official and definitive source.
2. Audit the catalog of varieties in use: make an inventory of all varieties that are produced, reproduced, sold or cultivated and cross-reference them with the protection status in the Register.
3. Contact the breeder if there are protected varieties: if any variety in use has a granted title, begin negotiations to obtain a license and agree on royalty payment terms before continuing operations.
4. Establish a periodic verification process: title grants are published continuously in the BOE. Implement an alert system or quarterly Register review to detect new protections in time.
5. Document license agreements: any agreement with a breeder must be in writing and clearly reflect the scope of the license, the royalty amount and duration, to avoid future disputes.