FINLAND

• INTERNATIONAL TREATIES TO WHICH FINLAND 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 Finland are protected by:

    • Plant Varieties Protection Act
    •  Seeds Law

     

• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. Essentially Derived Varieties
    2. New Plant Varieties
    3. Plants not clearly distinguishable from registered varieties
    4. Varieties that can be produced only by repeated use of a protected variety
    5. Seedlings of ornamental plants or plant parts used in commerce for producing ornamental plants or cut flowers
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The Act does not protect the denomination given to such variety, if the denomination:

    1. Consists solely of figures
    2. Is not possible to distinguish from other existing denominations iii. Is liable to mislead the public
    3. Is liable to be confused with a trademark, name, company name, or any other symbol which have already been granted protection
    4. Is liable to be confused with the trademark of such plant variety or similar products to which applicant is granted protection

    ParityPatents Law Firms through its Attorney and Law Firms in Finland is at hand to help you with PBR protection and registration.

• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • •  Breeders
    • Assignees
    • Discoverers
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT FINLAND

  • Application made for protection under the Act to contain  the following requisites:

    • Details of the breeders
    • Explanation as to how the proposed variety differs from existing varieties
    • A denomination for the variety
    • Assurance that he variety has not been offered for sale or marketed as stipulated by law
    • Document for having paid the fee • Priority details if any
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
    • Applicant to correct or amend the application if ordered, else, application is to be dismissed.
    • Upon application being compliant, it is published .
    • 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.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    • Novel – Distinct
    • Uniform
    • Stable
    • Designated by proper denominations
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    1. 30 yrs. – Potatoes, Vines, Trees
    2. 25 yrs. – All other varieties

    Owners of the registered plant variety may:

    • produce and reproduce the propagating material
    • Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
    • Condition the propagating material for the purposes of propagation
    • Sale, 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 when:

    • The propagating material of the registered plant variety is being produced in in-sufficient quantities.
    • General food supply not being met.
    • Registered plant variety not being produced for the market under reasonable terms and conditions.

    Reciprocal Compulsory Licenses: are issued when:

    • The holder of a biotechnology patent is unable to exploit the invention without infringing on the protected plant variety and applies for a compulsory license.
    • Upon reciprocal license being granted, the plant variety holder will be entitled to a cross license on the invention.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Finland, can assist you comprehensively with PBR Compulsory Licence matters.