COUNTRY : DENMARK
CAPITAL : COPENHAGEN
LANGUAGE : DANISH
INTERNATIONAL TREATIES TO WHICH DENMARK 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 Denmark are protected by:
- Plant Variety Protection Act
- The Patent Regime
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
Exception: Authorities may approve protection of a plant variety not satisfying the above requisites, if it is proved to be of economic interest to agriculture.
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- New Plant Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- At the time of registration, not satisfying conditions as per law.
- Noticed to have not paid fees.
- The proposed name for the plant variety does not satisfy provisions as laid down by the authorities.
- Denomination not fulfilling the requirements shall be refused and the applicant to propose another denomination.
ParityPatents Law Firms through its Attorney and Law Firms in Denmark 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:
- Details of the applicant
- Applicant not a resident of or not having a registered office in any member state of the European Union to file the application through an agent
- Applicant to furnish all relevant information required to register and examine the application
- Document for having paid fees
- Priority details if any
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is entered in the Journal of the Board for Plant Novelties.
- Applicant to furnish adequate information or testing material required by the Board within stipulated time, else, entry may be deleted from the journal and once the entry is deleted it cannot be re-entered.
- Post entry of the application in the journal, the application is formally examined as to compliance with al the requisites for protection.
- All requisites being fulfilled, board to publish notice of the application along with invitation to interested third parties to file objections if any within stipulated period of time.
- No objections, or objections overcome, the application is substantially examined to establish compliance with requisites as well as to confirm special characteristics of the plant variety if any.
- All conditions being met, the Plant Breeders Certificate is issued.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration: 25 yrs. to 30 yrs. from the date of registration of the plant variety for specified species and genera as laid down by the authorities.
Owners of the registered plant variety may undertake:
- Commercial production, propagation, treatment, storage
- Offer for sale, transfer, store with a view to sell or transfer The plant variety.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Compulsory Licenses: are issued when the authorities feel it is important to:
- Ensure proper distribution of the plant variety so as to fulfil the requisites conditions for a particular branch of Industry.
- The holder of the plant variety is ordered to permit such persons to undertake propagation and sale of the propagating material of the plant variety to meet such conditions.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Denmark, can assist you comprehensively with PBR Compulsory Licence matters.