Plant Varieties Protection, Registration, Law Firms, Lawyers, Office, Attorneys In Belgium

Belgium

COUNTRY : KINGDOM OF BELGIUM

CAPITAL : BRUSSELS

LANGUAGES : DUTCH, FRENCH & GERMAN

Plant Varieties Protection in Belgium is managed by Federal Public Service Economy, SMEs, average Classes & Energy, Office of Intellectual Property.

Protection to Plant Varieties is provided at a two tier level in Belgium:

1. THROUGH NATIONAL REGISTRATION.

Direct Filing with the National Patent & Trademark office

2. THROUGH EUROPEAN UNION COMMUNITY PLANT VARIETY OFFICE.

Kindly refer our guide on the European Union Community Plant Variety Protection.

What are not protected under Plant Breeder's Rights

The Act does not protect denomination given to such variety, if the:

i. Denomination of the proposed plant variety is not different from existing plant varieties.

ii. Denomination misleads or confuses regarding the essential characteristics of the proposed plant variety.

iii. Third parties having prior rights over the proposed denomination.

iv. Difficulty in recognising the denomination of the variety

PartityPatents through it's associate Law Firms in Belgium, is at hand to help you with Plant Varieties protection and registration in Belgium and Community Plant Variety Office.

Filing Requirements under Plant Breeder's Rights

• Details of the applicant and representative where applicable

• Details of the breeder

• Origin of the Variety

• Details regarding prior applications

• Nationality of the applicants

• Complete address for service

• Names of the Species, Subspecies, Genus in Latin and French

• Official Catalogues of varieties

• Completed technical questionnaire

Examination Process and grant

- Upon receipt of the application, it is examined for compliance with all formality requirements as well as technical requisites.

- The application is then published in the plant varieties bulletin to which, interested parties may file their objections.

- There being no objections, of if objections overcome successfully, the application is accepted and plant breeders rights granted.

Rights of the owner under Plant Breeder's Rights

Owners of the registered plant variety may:

• Produce and Reproduce the propagating material

• Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety

• Condition the propagating material for the purposes of propagation

• Sale, Export, Import the material

• Assign, Sell, Transfer the material to other parties

• Stock the propagating material for all of the above acts

Duration of Registration:

Minimum protection – 15 to 18 years for fruit trees and their rootstocks, vines, forest trees and ornamental trees.

Maximum protection – does not exceed 25 years.

Compulsory Licence provision

Authorities may issue compulsory licenses in the following circumstances:

• When the interests of the general public interest are at stake.

• When the plant variety holder refuses to supply the propagating material to the market at reasonable prices.

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

Continents

Treaties

FAQ

Member of International Treaties

Plant Breeder's Rights Legislation

Basic regarding protection of Plant Breeder's Rights

What are protected under Plant Breeder's Rights

What are not protected under Plant Breeder's Rights

Who may apply under Plant Breeder's Rights

Filing Requirements under Plant Breeder's Rights

Examination Process and grant

Rights of the owner under Plant Breeder's Rights

Compulsory Licence provision

Cost of registration