Persons who have bred or discovered and developed a plant variety can obtain protection through plant breeders' rights after submitting an application for plant breeders' rights to the Belgian Intellectual Property Office Belgium (IPObel).
If the breeder obtained the plant variety as part of an employment contract (in a company or public service), plant breeders' rights for this variety return to the employer, unless otherwise agreed. See Creations in the context of an employment contract.
If the new variety was bred or discovered and developed by two or more persons, then the rights shall belong jointly to these persons or their respective beneficiaries or successors, unless otherwise agreed.
When the plant variety was bred or discovered and developed by different persons who are independent of each other, the rights belong to the first person to apply for protection, by filing with the IPObel, according to the rules. The first applicant is presumed to be the person authorized to submit the application. However, this presumption only applies until proven otherwise.
If it appears that the plant breeders' rights were applied for by or granted to someone who was not entitled to them, this can be claimed through legal proceedings (“recovery claim”).
The granted plant breeders' rights can be transferred or licensed to persons other than the initial holder of the rights, see transfer and contractual license.
