– The Protection of New Plant Varieties Act, 1997 (No. 7 of 1997), in force since April 21, 1997.
– The Protection of New Plant Varieties Regulations 2000 (L.N. No. 298), in force since December 5, 2000.

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 16, 1988.
– WTO’s TRIPS Agreement, since March 1, 1995.
– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act, since January 30, 1998.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 14, 2000.

Applicant: natural or legal persons who are nationals or residents of Trinidad and Tobago, of states of intergovernmental organizations which are parties to UPOV 1978 and 1991, or of states which, without being a party to UPOV, grant reciprocity of treatment to Trinidad and Tobago. Proof of title must accompany the application, where the applicant is not the breeder. 

Non-residents: must appoint an agent in Trinidad and Tobago. 

Conditions of protection: new plant varieties are registrable if new, distinct, homogeneous, stable and given a variety denomination acceptable for registration in accordance with the Act.

Novelty: the plant variety is new if not offered for sale or marketed with the breeder’s approval for more than one year in Trinidad and Tobago or more than four years abroad, before filing application in Trinidad and Tobago.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent, no notarization or legalization required;
2. An application form;
3. A technical questionnaire form;
4. A proposal for a variety denomination form;
5. Priority claim;
6. Declaration of renunciation by the applicant to the registered or filed mark, if the mark is identical to the name of the variety.

Examination: the application is examined by the Controller of the Intellectual Property Office (IPO) for formal requirements, including whether the required amount of propagating material has been submitted on the due date and at the proper place. Once all formal requirements are met, the Controller examines the variety for novelty, distinctiveness, homogeneity and stability. The Controller may utilize examination results and expert opinions from foreign governmental institutions.

Publication and opposition: the application is published in a periodical, for opposition purposes and any person may file opposition within three months of publication. Where no opposition is filed, the grant is published in a periodical.

Examination of the variety name: as to its conformity with conditions for registration. Where the denomination is not registrable the Controller will fix the time within which another denomination is to be submitted.

Commencement of protection: date of grant. 

Duration: fifteen or eighteen years depending on the species.

Annuities: payable for entire period of protection and falls due by January 31st of each year.  Period of grace: three months from date of reminder by the IPO.

Scope of protection: the protection of the plant breeder’s right extends to the production for purposes of commercial marketing, the offering for sale or the marketing of the reproductive or vegetative propagating material of the variety; all acts requiring the prior authorization of the right holder. 

Assignment and granting of licenses: by written agreement, but will only take effect against third parties, if registered.

Modification of protection after registration: action for revocation may be initiated by any person. 

Forfeiture: by the Controller for non-payment of an annual fee or when the right holder is not in a position to provide the IPO with the propagating material permitting reproduction of the variety.

Licenses of rights: right holder can grant by declaration to Office, enabling payment of only half of renewal fees.

Compulsory licenses: may be granted by the court to interested persons after three years, on the grounds of public interest.