COUNTRY : REPUBLIC OF AUSTRIA
CAPITAL : VIENNA
LANGUAGE : GERMAN
INTERNATIONAL TREATIES TO WHICH AUSTRIA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Austria are protected by:
Plant Variety Protection Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- New Plant Varieties
- Varieties not clearly distinguishable from the protected variety
- Varieties whose production requires repeated use of the protected variety
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- Similar to existing denominations in a member state.
- Likely to cause offence.
- Liable to mislead the identity, origin, characteristics, value of the variety.
- Consists solely of information about the nature of the variety or of the plant designation.
- Carry the term variety or hybrid.
- Post examination of the application, the applicant is to submit a final denomination of the variety within a specified period of time; else, the plant variety application is rejected.
- If the proposed plant variety not registrable, the applicant is to submit a permissible , proposed or final denomination within a subscribed period of time.
ParityPatents Law Firms through its Attorney and Law Firms in Austria is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- The name, nationality and address of the applicant and the representative where applicable.
- Where applicable, details regarding the species, its usage, propagation system of the plant variety.
- Particulars of the specific hereditary components to be used in every propagating cycle.
- Description of the characteristics essential for the distinctiveness of the variety.
- Proposed denomination of the variety.
- Name and address of the breeders.
- Information regarding earlier applications filed for the same plant variety rights in other member states
- All relevant data and documents pertaining to genetically modified plants
- Sufficient quantity of propagating material for storage with the variety protection office.
- Priority details if any.
- such other particulars (if any) as required by the authorities.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, a formalities examination is carried out to ensure compliance to form and content of the application.
- Substantial examination regarding form and substance of the application is then carried out.
- Technical examination of the variety is conducted.
- The office may conduct its own examinations or rely on findings from member countries to establish compliance of the application with all requisites.
- Application being compliant with all the requisites is published. -Interested third parties may file objections to the application within prescribed time line.
- If there are no objections, or objections overcome successfully, application is registered and Plant Breeders Rights issued to the applicant / breeder.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 30 yrs. – Grapevines and Trees and their rootstock
- 20 yrs. – All other varieties
Owners of the registered plant variety may undertake:
- Production and Multiplication of the propagating material
- Conditioning the propagating material for the purposes of propagation
- Sale, Market, Export, Import the material
- Assign, Sell, Transfer the material to other parties
- Stock the propagating material for all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances:
- To ensure sufficient supply of the protected plant variety along with relevant propagating material to fulfil domestic plant variety production.
- When the compulsory license seeker establishes that he was unable to obtain a voluntary license from the Plant Breeders Rights holder under standard business conditions.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Austria, can assist you comprehensively with PBR Compulsory Licence matters.