COUNTRY : CZECH REPUBLIC
CAPITAL : PRAGUE
LANGUAGE : CZECH & SLOVAK
INTERNATIONAL TREATIES TO WHICH CZECH REPUBLIC 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 Czech Republic are protected by: The Act On the Protection Of Plant Variety Rights.
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:
- Essentially Derived Varieties
- New Plant Varieties
- Varieties not distinct 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 the denomination given to such variety, if the:
- Proposed denomination is expressed in the form of figures.
- Designation of the proposed plant variety is not different from existing plant varieties and is identical to or confusingly similar to the denomination of another variety of the same or closely related species.
- Designation should not mislead regarding the essential characteristics of the proposed plant variety, origins of the variety, values of the variety, identity of the breeder.
ParityPatents Law Firms through its Attorney and Law Firms in Czech Republic 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, surname, permanent address of the applicant, if a legal person then business name, registered office, legal form.
- Details regarding the plant variety’s genus along with denomination in Czech, Latin or any other equivalent classification.
- Proposed variety denomination or its provisional designation.
- Description of the variety.
- Information regarding all previous application seeking protection for the proposed variety and previous exploitation of the variety.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- In case of non-compliance, applicant invited to make corrections within stipulated time, else, all proceeded pertaining to the application halted.
- Upon application being compliant, it is published in the Bulletin of the Ministry of Agriculture .
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit
- There being no objections or objections successfully overcome by the application, registration granted to the applied variety and Plant Breeders Certificate issued.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 30 yrs. – Trees, Vines, Hops, Potatoes
- 25 yrs. – All other varieties
Owners of the registered plant variety may:
- produce and reproduce the propagating material
- Condition the propagating material for the purposes of propagation
- Sale, Export, Import the material
- 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:
- The plant variety holder refuses to issue licenses for such exploitation of the plant variety in the required scope.
- Public interest requires such exploitation.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Czech Republic, can assist you comprehensively with PBR Compulsory Licence matters.