ITALY

• INTERNATIONAL TREATIES TO WHICH ITALY IS SIGNATORY

  • International Treaties to which Italy is signatory for the protection of Plant Breeders Rights.

    1. 1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
       2. CONVENTION ON BIOLOGICAL DIVERSITY.
       3. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
       4. CARTAGENA PROTOCOL on Bio Safety
       5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. 
       6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
       7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
       8. European Union Community Plant Varieties.
• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Italy are protected by:

    1. Plant Variety Protection Laws
    2. Plant Breeders Rights granted by way of patents
    3. Community Plant Variety Rights of the European Union
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. New Plant Varieties
    2. Varieties not clearly distinguishable from the protected variety
    3. Essentially Derived Variety
    4. Variety whose production requires repeated use of the protected variety

    Note: Plant Variety protection granted under the Laws of Italy stands suspended if community plant variety rights granted for the same variety.

• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

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

    1. Unable to identify the variety
    2. Not distinctive
    3. Consists only of figures
    4. Identical to an existing denomination of a similar variety
    5. Mislead regarding origin, properties or value of the variety, original breeder, discoverer or any other entitled person
    6. Could be offensive
    7. Contrary to public policy or morality
    8. Having a resemblance to a trade name or trademark so as to cause confusion regarding the nature of origin of products
    9. Infringes prior rights of 3rd parties
    10. Not a generic designation

    Note: If the denomination is always and readily recognisable, trademarks, tradenames and similar designations are permitted to be associated with a registered variety denomination.

    ParityPatents Law Firms through its Attorney and Law Firms in Italy is at hand to help you with PBR protection and registration.

• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • • Breeders,
    • Discoverers,
    • Developers of the variety,
    • Successors – in – title,
    • Employers
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT ITALY

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

    1. Name of the applicant
    2. Details of the applicant along with his address
    3. Variety denomination
    4. Clear description of the variety
    5. Accurate account of the characteristics distinguishing the proposed variety from other varieties of the same species
    6. Document for having paid fees
    7. Priority details if any
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • Upon receipt of the application, it is examined for formality compliances and checked whether in form.
    • Checks carried out to confirm that denomination is in order.
    • Application then submitted to substantive examination and conformity established through trials or by taking into account results of trials and tests already carried out.
    • Application meeting all the requisites is granted protection.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    1. Novel
    2. Distinct
    3. Uniform
    4. Stable
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    30 yrs. from the date of registration – Trees and Vines

    20 yrs. from the date of registration – All other species

    Plant Variety Rights holders have the following rights with respect to propagating material of the protected plant variety:

    • Production and Reproduction of the plant variety
    • Condition and process 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

     

• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • Compulsory Licenses: are issued when the public interest is at stake.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Italy, can assist you comprehensively with PBR Compulsory Licence matters.

• Cost of Registration in ITALY

  • Please write a mail for cost of registration of Plant Variety Protection in Italy to the mail address given below:

    contact@paritypatent.com