Wuesthoff & Wuesthoff

Plant variety protection

The protection of plant varieties is a signature competence of  WUESTHOFF & WUESTHOFF since the inception of the law firm. Franz Wuesthoff was significantly involved in the development of plant variety protection law at the German and international level. Today, the plant variety protection department of  WUESTHOFF & WUESTHOFF is headed by Dr. Hendrik Wichmann, who serves as the main contact and will be happy to address any questions regarding plant variety protection.

It is very important to us to proactively advise you so that the examination proceedings of your plant variety before the German and European plant variety office (CPVO) will be managed in the most effective manner, and ultimately lead to a successful conclusion. In order to optimize the preparation and planning, we will be happy to send you our checklist for applicants upon request based on many years of experience. In order to obtain worldwide protection for your innovations in the field of plant breeding, we develop together with you an application strategy tailored to your needs.

We also protect your interests against the plant variety protection activities of your competitors by monitoring their plant variety applications, by submitting objections to either the grant thereof or to the use of a particular plant variety denomination, or by initiating post-grant cancellation/nullity proceedings.

We represent you in proceedings before the Board of Appeal of the CPVO, the EU courts as well as in any infringement proceedings before the German courts.

Our renewal fees department has decades of experience in securing that the fees for your plant variety right or your entire portfolio are paid in a timely manner.

We also advise you on questions regarding plant variety protection in Europe after Brexit.

“Regardless of the know-how and tremendous work a breeder invests in the development of a new, promising variety, the proceedings before the plant variety offices often turn out to be more difficult than expected. It is particularly helpful to be represented by such a committed law firm as Wuesthoff. They are very familiar with the challenges before the offices and have a deep understanding of the regulations.”
Albert Weifner, head of sales, nursery Nischler

“It was definitely worth the effort to travel all the way from Verona to Munich. We had a very productive in-person meeting and I received highly professional and, most importantly, valuable guidance for our business project.”
Massimo Ceradini, CEO, Kingfruit

Recent representative cases include:

- T-177/16 – Mema v CPVO (Braeburn 78): Decision of Board of Appeal of CPVO annulled by General Court of the EU
- A001/2017 – Cancellation case (Royal Braeburn): Decision of Appeal Board of the CPVO - Appeal dismissed; see case analysis


Don’t hesitate to contact us – we will be pleased to advise you.

Schweigerstraße 2
81541 Munich, Germany
T +49 89 62 18 00 0
F +49 89 62 18 00 15