The Act protects New Plant Varieties which are:

• Novel
• Distinct
• Uniform
• Stable
• Designated by proper denominations

• Breeders i.e., Creators or Joint Creators of the variety
• Natural or Legal Persons as contracted with by the creator and as mentioned in the application
• Employers
• Successors in title

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

• Request for grant of plant patent as per form
• Completed technical questionnaire as set out
• Power Of Attorney where application is filed through a patent attorney or agent
• Proof of payment
• Priority details if any
• such other particulars (if any) as  required by the authorities.

• Upon receipt of the application, it is submitted to a Preliminary and Substantive examination.
• The application is examined for compliance with all the requisites.
• Missing documentation is to be furnished by the applicant and all amendments and corrections to be made within stipulated time period.
• Application is published post preliminary examination
• Substantial examination is then carried out to determine patentability of the variety.
• During substantial examination, the authorities may carry out their own tests, rely on tests carried out by member states or on tests conducted by or on behalf of the applicant, carried out either within or outside of the Republic of Belarus.
• The application is again published after which the patent office shall register the variety and then issue a plant patent certificate.
• This plant patent may be contested and opposed to by 3rd parties throughout the term of its validity.

Duration of Registration: 25 yrs. from the date of registration of the plant variety.

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

  The Plant Variety Protection holder will have the following rights as well:

Non – Exclusive Licenses:  wherein, the applicant may conclude a non-exclusive license with 3rd parties to use the rights in the protected plant variety.

Open Licensing:  wherein: -The owner of the plant variety to communicate with the Patent Office by way of official publication or declaration by which he undertakes to grant rights to use the plant variety by way of non-exclusive license. – Interested persons may then conclude a licensing agreement with the plant variety owner. – This form of licensing will carry a reduced  maintenance fee of 50%

Compulsory Licenses: is issued by the authorities 3 yrs. post grant of registration of the plant variety. Compulsory licenses are granted to 3rd parties if it is proved that the plant variety owner has failed to use or insufficiently used the plant variety and has no legitimate reasons to justify the same.

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