Protection of Plant Varieties in Norway is protectied by The Plant Varieties Board.
Protection to Plant Varieties is provided by The Plant Varieties Board of Norway:
1. THROUGH NATIONAL REGISTRATION.
Direct Filing with the National Plant Variety office
Member of International Treaties
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty “PCT".
• Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS".
• Union for the Protection of New Varieties of Plants (UPOV)
• Community Plant Variety Rights of the European Union
Plant Breeder's Rights Legislation
Plant Breeders Rights in the Norway are protected by:
- Seeds Law
- Plant Variety Protection Act.
Basic regarding protection of Plant Breeder's Rights
The Act protects New Plant Varieties which are:
What are protected under Plant Breeder's Rights
Protection accorded by PBR:
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. 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. Likely to 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.
ix. Causing confusion with a trademark for plant material or similar goods already in existence over which applicant enjoys protection.
PartityPatents through it's associate Law Firms in Norway, is at hand to help you with Plant Varieties protection and registration.
Who may apply under Plant Breeder's Rights
Breeders, Plant Variety owners
Filing Requirements under Plant Breeder's Rights
Application made for protection under the Act to contain the following requisites:
•Name of the applicant
•Details of the applicant along with his address
•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
•If applicant not the breeder then basis for his title to the variety to be stated
•Disclosure regarding prior exploitation of the variety if undertaken else, statement to the effect that the variety is not exploited
Examination Process and grant
- 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.
- If third parties able to establish that the third party is eligible and entitled to the variety, then the application is transferred in the name of the third party.
- Application then submitted to substantive examination.
- Authorities may omit examination if the proposed variety is examined abroad.
- Application meeting all the requisites is granted protection and decision to grant plant breeders rights is published together with a notice for interested third parties to lodge objections if any, towards grant of protection.
- No objections, or if objections successfully overcome, application is registered and plant breeders rights granted.
Rights of the owner under Plant Breeder's Rights
Plant Variety Rights holders have the following rights with respect to propagating material of the protected plant variety:
- To produce the plant variety
- To condition the propagating material for the purposes of propagation
- To place the variety on the market
- Offering the protected variety for sale and marketing
- Import & Export
- Stock the relevant material to carry out all of the above
Duration of Registration:
20 yrs. from the date of registration – All other species
25 yrs. from the date of registration - Tres & Vines
Compulsory Licence provision
. The public interest and National Food Supply are at stake.
. The Plant Variety Rights holder not licensing the variety or the propagating material at a reasonable price to the license seeker.
. Plant Variety Rights holder failing to offer the propagating material of the plant variety for sale.
ParityPatents through its Lawyers and Attorneys specialised in Plant Breeders Rights and Plant Varieties Protection can comprehensively assist you with Compulsory Licence matters in Norway.