COUNTRY : ITALIAN REPUBLIC
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.
Plant Breeders Rights in Italy are protected by:
- Plant Variety Protection Laws
- Plant Breeders Rights granted by way of patents
- Community Plant Variety Rights of the European Union
A variety is regarded as new if it has not be marketed in Italy for more than one year before the filing date of the Italian application or abroad for more than four years before the filing date of the Italian application (the term is six years in the case of wooden plants). The law allows the protection of varieties belonging to all genera and species.
Outline of procedure
After the filing and a formal examination of the filed papers, the variety will undergo field trials in official institutes to assess whether it is stable, homogeneous and distinct; a separate examination will concern the suitability of the varietal denomination and the novelty. In case both examinations have positive outcome a title of protection will be granted. From that point annual fees will be due.
Filing requirements for the Italian application
In the following we have listed the general information to be indicated in a protection application and documents to be filed..
1. A power of attorney simply signed by the Applicant as well as statements of the applicant concerning commercialization, undertaking to provide the DUS trial institutes with propagating material of the variety and to withdraw possible trademark registration, identical to the varietal denomination.
2. Name (and address) of the Applicant and of the breeder (natural person) of the variety. In this respect please note that in the Italian procedure it is necessary to indicate a natural person as a breeder of the variety, but no formal document proving the assignment is needed.
3. A technical description of the new variety drafted using the relevant UPOV guideline. Additionally it would be necessary to indicate the origin of the variety (crossing, mutations) the place where the breeding of the variety was carried out, the conditions to which the characters indicated in the UPOV Guideline have been determined, the conditions to which the variety should been grown in order to express its relevant characteristics, the resistance to pests and disease, the main differences with known varieties of the same species, possible peculiar characteristic of the variety, whether the variety is or not a genetically modified organism (GMO), whether the variety is an essentially derived variety (and in the affirmative the variety from which the new variety has been derived) whether for the production of the variety the repeated use of other varieties is needed.
4. Photographic reproductions of the new variety, in triplicate (max cm 15x23) showing the main characteristics of the variety.
5.The varietal denomination proposed, either provisional or final.
6.The date of the first marketing of the variety in Italy or abroad with the varietal denomination or breeder reference used.
7. Possible corresponding applications abroad together with their data and present status.
Official fees: about 500 Euro Our fees: 1200.00 Euro
Official fees: (they range from 240.00 to 2350.00 Euro according to the species) Our fees: 380.00 Euro
Professional fees for handling Office Actions: 250 Euro (per hour)
To order a quotation regarding expenses and the fee schedule for European Union Community Plant Varieties Registration:email@example.com