COUNTRY : KINGDOM OF BELGIUM
CAPITAL : BRUSSELS
LANGUAGES : DUTCH, FRENCH & GERMAN
INTERNATIONAL TREATIES TO WHICH BELGIUM 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)
- Community Plant Variety Office (CPVO)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Belgium are protected by:
- Law on the Protection of New Plant Varieties
- Community Plant Variety Rights
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: New Plant Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denomination given to such variety, if the:
- Denomination of the proposed plant variety is not different from existing plant varieties.
- Denomination misleads or confuses regarding the essential characteristics of the proposed plant variety.
- Third parties having prior rights over the proposed denomination.
- Difficulty in recognising the denomination of the variety
ParityPatents Law Firms through its Attorney and Law Firms in Belgium is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Details of the applicant and representative where applicable • Details of the breeder
- Origin of the Variety
- Details regarding prior applications
- Nationality of the applicants
- Complete address for service
- Names of the Species, Subspecies, Genus in Latin and French
- Official Catalogues of varieties
- Completed technical questionnaire
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is examined for compliance with all formality requirements as well as technical requisites.
- The application is then published in the plant varieties bulletin to which, interested parties may file their objections.
- There being no objections, of if objections overcome successfully, the application is accepted and plant breeders rights granted.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
Minimum protection – 15 to 18 years for fruit trees and their rootstocks, vines, forest trees and ornamental trees.
Maximum protection – does not exceed 25 years.
Owners of the registered plant variety may:
- Produce and Reproduce the propagating material
- Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
- Condition the propagating material for the purposes of propagation
- Sale, 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:
- When the interests of the general public interest are at stake.
- When the plant variety holder refuses to supply the propagating material to the market at reasonable prices.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Belgium, can assist you comprehensively with PBR Compulsory Licence matters.