The authorization of the breeder is required for the selling of seeds of a protected variety by any person.

Under the 1978 Act of the UPOV Convention (see Article 5), the prior authorization of the breeder is required for “the offering for sale” and “the marketing” of the reproductive or vegetative propagating material, as such, of the variety.

Under the 1991 Act of the UPOV Convention (see Article 14(1)) the “offering for sale” and “selling or other marketing” of the propagating material of the protected variety requires the authorization of the breeder.

Yes, as the breeder shall have the right after the registration of the variety to sell the same or to do any other marketing activities.

Patents' and plant breeders’ rights are separate intellectual property rights with different conditions of protection, scope, and exceptions. Breeders can use plant breeders’ rights, patents, or other forms of intellectual property rights, or a combination to the extent that such systems are available in the territory concerned.

Nowadays, with recent technological developments, for example, the rising number of gene-related patents and rapid progress in the field of genetic engineering, patents, and plant breeders’ rights are more interlinked.