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
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 DENMARK
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.
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.
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: