Commentary

B5.342 Plant breeders' rights—generally

Business tax
Business tax | Commentary

B5.342 Plant breeders' rights—generally

Business tax | Commentary

Plant breeders' rights

B5.342 Plant breeders' rights—generally

Where a scheme exists under the Plant Varieties Acts1, a new variety can be registered with the Plant Variety Rights Office, giving a monopoly in the commercial production and supply of reproductive material such as seeds, bulbs or cuttings. The duration of the right varies from scheme to scheme, according to the type and life cycle of the plant in question, but ranges between 25 and 35 years.

There are no express statutory provisions governing the taxation of plant variety rights for income tax. On the general principles outlined in B5.308–B5.312

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