Plant Varieties protection in Denmark is provided by The Danish AgriFish Agency, Department of Variety Testing.
Protection to Plant Varieties is provided at a two tier level in Denmark:
1. THROUGH NATIONAL REGISTRATION.
Direct Filing with the National Plant Variety office
2. THROUGH EUROPEAN UNION COMMUNITY PLANT VARIETY OFFICE.
Kindly refer our guide on the European Union Community Plant Variety Protection.
Member of International Treaties
• Paris Convention for the protection of Industrial Property.
• Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
• Budapest Convention.
• European Patent Convention.
• Union for the Protection of New Varieties of Plants (UPOV)
Plant Breeder's Rights Legislation
Plant Breeders Rights in Denmark are protected by:
-Plant Variety Protection Act
-The Patent Regime
Basic regarding protection of Plant Breeder's Rights
The Act protects New Plant Varieties which are:
Exception: Authorities may approve protection of a plant variety not satisfying the above requisites, if it is proved to be of economic interest to agriculture.
What are protected under Plant Breeder's Rights
Protection accorded by PBR:
i. Essentially Derived Varieties
ii. New Plant Varieties
What are not protected under Plant Breeder's Rights
The Act does not protect denominations given to such varieties, if they are :
i. At the time of registration, not satisfying conditions as per law.
ii. Noticed to have not paid fees.
iii. The proposed name for the plant variety does not satisfy provisions as laid down by the authorities.
iv. Denomination not fulfilling the requirements shall be refused and the applicant to propose another denomination.
PartityPatents through it's associate Law Firms in Denmark, is at hand to help you with Plant Varieties protection and registration in Denmark and Community Plant Variety Office.
Who may apply under Plant Breeder's Rights
Filing Requirements under Plant Breeder's Rights
Application made for protection under the Act to contain the following requisites:
•Details of the applicant
•Applicant not a resident of or not having a registered office in any member state of the European Union to file the application through an agent
•Applicant to furnish all relevant information required to register and examine the application
•Document for having paid fees
•Priority details if any
Examination Process and grant
- Upon receipt of the application, it is entered in the Journal of the Board for Plant Novelties.
- Applicant to furnish adequate information or testing material required by the Board within stipulated time, else, entry may be deleted from the journal and once the entry is deleted it cannot be re-entered.
- Post entry of the application in the journal, the application is formally examined as to compliance with al the requisites for protection.
- All requisites being fulfilled, board to publish notice of the application along with invitation to interested third parties to file objections if any within stipulated period of time.
- No objections, or objections overcome, the application is substantially examined to establish compliance with requisites as well as to confirm special characteristics of the plant variety if any.
- All conditions being met, the Plant Breeders Certificate is issued.
Rights of the owner under Plant Breeder's Rights
Owners of the registered plant variety may undertake: