The Act protects New Plant Varieties which are:

• Novel – Distinct
• Uniform
• Stable
• Designated by proper denominations

•  Breeders
• Assignees
• Discoverers

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

• 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.

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 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.