INTERNATIONAL TREATIES TO WHICH BULGARIA 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 Bulgaria are protected by:
Plant Breeders Rights Protection
Biological Diversity Act
The Patent Regime
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS
Protection accorded by PBR:
Essentially Derived Varieties
New Plant Varieties
Varieties Created, Discovered, Developed
Clones, Lines, Hybrids, Rootstocks v. Varieties not distinct
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 :
Not different from existing denominations.
Misleading regarding the features, nature, identity of the proposed variety and the breeder
Likely to infringe upon prior rights of third parties to a similar variety.
ParityPatents Law Firms through its Attorney and Law Firms in Bulgaria is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
Breeders i.e., Creators or Joint Creators of the variety
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT BULGARIA
Application made for protection under the Act to contain the following requisites:
Request for grant of certificate
Details of the Breeder and Applicant
Description of the variety
Proposal for denomination of the variety
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.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
Upon receipt of the application, it is submitted to a Preliminary and Substantive examination.
The application is examined for compliance with formality requirements and regularity of the application along with documents.
Compliance of denomination as per requisites.
Application is published post preliminary examination.
Substantial examination is then carried out to determine registrability of the variety.
During substantial examination, the authorities may carry out their own tests, rely on tests carried out by such other institutions.
Application meeting all the requirements is then granted registration and Plant Breeders Rights.
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS
The Act protects New Plant Varieties which are:
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT
Duration of Registration:
25 yrs. – for all other varieties
30 yrs. – for trees and vines
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
Compulsory Licenses: are issued to any person upon request if the following conditions exist:
The plant variety is not in use for 5 yrs. from the date of application or 3 yrs. from the date of grant of certificate.
Plant Variety not used satisfactorily to fulfil national needs, social necessities within prescribed time frame without legal justification by the owner.
The registered Plant Variety helps overcome national emergencies.
Service Licenses: are ordered only in cases of emergency to fulfil: National Defence and Security requirements. – Upon specific requests by the Ministry of Defence or Ministry of Internal Affairs.
Special Treatment: In extreme cases involving national defence and security and social health care, the Authorities notify a list of limited number of varieties that cannot be distributed or used freely without special authorisation.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Bulgaria, can assist you comprehensively with PBR Compulsory Licence matters.