• Paris Convention for the protection of industrial property

• Patent Co-operation Treaty “ PCT".

• Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS".

• Community Plant Variety Rights of the European Union

The Act  does not protect denominations given to such varieties, if they are :

i.   Unable to identify the variety 

ii.  Not distinctive

iii. Consists only of figures

iv.  Identical to an existing denomination of a similar variety

v.   Mislead regarding origin, properties or value of the variety, original breeder, discoverer or any other entitled person

vi.  Could be offensive

vii.  Contrary to public policy or morality

viii. Having a resemblance to a trade name or trademark so as to cause confusion regarding the nature of origin of products

PartityPatents through it's associate Law Firms in the Netherlands , is at hand to help you with Plant Varieties protection and registration. 

Breeders, Discoverers, Developers of the variety, Successors – in - title

Application made for protection under the Act to contain the following requisites:

• Name of the applicant

• Details of the applicant along with his address

• Variety denomination

• Clear description of the variety

• Accurate account of the characteristics distinguishing the proposed variety from other varieties of the same species

• Document for having paid fees

• Priority details if any

• A deed stating that if the proposed denomination is registered, the applicant relinquishes all rights that may accrue in any: 

- Union state  

- Member state of the EU 

- Another state party to the Agreement on the European Economic are in respect of the same or similar goods.

- Upon receipt of the application, it is examined for formality compliances. Any deficiencies to be corrected by the applicant within stipulated time period, else, application not accepted.

- Application fulfilling all the requisites is published in the official journal to which interested parties may file objections within stipulated time period.

- Application then submitted to substantive examination.

- Application meeting all the requisites is granted protection.  

. The public interest is at stake.

. The Plant Variety Holder not licensing the variety or the propagating material at a reasonable price to the license seeker.

. When a biotechnology patent holder is unable to exploit the said patent without infringing on the Plant Breeders’ Rights

Cross Licenses: are issued when, the holder of a breeder’s right has been granted a licence under the Dutch Patents Act, the holder of the breeder’s right shall be obliged to grant a reciprocal licence to the patent holder, at the latter’s request, for use of the protected variety

ParityPatents through its  Lawyers and  Attorneys  specialised in Plant Breeders Rights and Plant Varieties Protection can comprehensively assist you with Compulsory Licence matters in the Netherlands.     

To order a quotation regarding expenses and the fee schedule for National Registration or 

European Union Community Plant Varieties Registration:contact@paritypatent.com