COMMUNITY PLANT VARIETY RIGHTS (CPVR)
MEMBER STATES: Albania, Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, San Marino, Serbia, Switzerland, Netherland, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey, United Kingdom, Former Yugoslav Republic of Macedonia.
INTERNATIONAL TREATIES TO WHICH COMMUNITY PLANT VARIETY RIGHTS (CPVR) 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 Rights regime of the European Union
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in the European Union are protected by:
The Community Plant Variety Protection Regime
Note: Plant Variety protection in the European Union is via community plant variety rights CPVR through a single application filed with the Community Plant Variety Office CPVO. A single decision regarding plant breeders’ rights by the CPVO entitles the applicant to protection throughout the European Union.
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- New Plant Varieties
- Essentially Derived Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if denominations :
- Contravene prior and existing third party rights.
- Do not aid in recognition or reproduction of the variety.
- Identical or confusingly similar to an existing denomination.
- Identical or confusingly similar to an existing trademarks, tradenames and the like.
- Mislead regarding origin, properties or value of the variety, original breeder, discoverer or any other entitled person.
- Could be offensive.
- Contrary to public policy or moralityPartityPatents Law Firms through its associates in CPVO 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:
Applications made for protection under the Act to contain the following requisites:
- Request for a grant of CPVR
- Details regarding botanical taxon
- Names of the breeder and procedural representative where relevant
- An undertaking that no other person is involved in the breeding, discovery, development of the variety
- If applicant not the breeder, then sufficient evidence establishing applicants entitlement to the community plant variety rights to be submitted
- Provisional designation given to the variety
- Technical Questionnaire
- Notification form when application filed through National Offices
- Form appointing procedural representative if applicant from outside of EU
- Geographical origin of the variety
- Details regarding previous commercialisation of the variety
- Details regarding previous applications made regarding the variety
- Priority details if any
- Document for having paid fees.
Applications made for community plant variety protection need to be of the following nature:
- Applications and the supporting documents filed at the CPOV to be in any one of the official languages of the European communities
- The language used for the application will be the language for all procedures before the CPVO
- Certificate of grant of CPVR will be in the language indicated on the application form
- Applications may be filed directly at the CPVO or through National Intellectual Property offices
- National IP offices will not deal with the application and will merely act as transmitting offices by way of forwarding applications and documents to the CPVO – CPVO must be kept informed by the applicant regarding filing of applications at the national IP offices
- Applications and Technical Questionnaire to be filed in triplicate if filing with the National IP office or in duplicate if filing directly with the CPVO
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is examined for formality compliances. Any deficiencies to be corrected by the applicant within stipulated time period, else, application not accepted.
- Application submitted to substantive examination regarding registrability of the variety as a community plant variety.
- Variety then subjected to a technical examination and technical reports drawn up. Technical reports by designated authorities who are members of the EU or UPOV are accepted by the CPVO.
- Application fulfilling all the requisites is published in the official journal.
- Interested third parties to file objection regarding grant of community plant variety rights within stipulated time post publication of the application.
- Application meeting all the requisites and not having any impediments or objections is granted protection and certificate of CPVR issued to the applicant.
Note: Once CPVR granted, national plant variety rights or patents granted stand suspended.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 30 yrs. from the date of registration
- Vines and Trees 25 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:
- To produce the plant variety
- To condition the propagating material for the purposes of propagation
- To place the variety on the market
- Offering the protected variety for sale and marketing – Repeated use of the plant variety towards commercial production of another variety
- As propagating material of ornamental plants for purposes other than propagation
- Import & Export
- Stock the relevant material to carry out all of the above
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- The applicant is unable to obtain a contractual license from the plant variety holder. . The public interest is at stake.
- The protected plant variety cannot be utilised without infringing on existing plant variety rights.
- The protected plant variety has a direct bearing on the country’s economy . Protected Plant Variety aids in significant technological advancement
Compulsory Cross – Licenses: are issued when: A plant variety holder has been granted a compulsory license to exploit a patented invention, a cross license in the plant variety to be granted to the patent holder of the said invention.
Note: Granting Compulsory Licenses for Community Plant Variety Rights is at the discretion of the member states.
ParityPatents along with specialised Patent Lawyers and Attorneys in EPVO, can assist you comprehensively with Compulsory Licence matters.