COUNTRY : FRENCH REPUBLIC
CAPITAL : PARIS
LANGUAGE : FRENCH
INTERNATIONAL TREATIES TO WHICH FRANCE 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)
- Community Plant Variety Rights of the European Union
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in France are protected by: The Plant Varieties Protection Act.
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 are: New Plant Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect the denomination given to such variety, if the denomination:
- Is confusing or ambiguous
- Is a subject of a trademark filing in states party to the Paris Convention
- Does not enable the proposed variety to be identified
- Misleads or causes confusion regarding characteristics, value, identity of the variety and the breeder
- Not different to existing names given to closely related or are similar to the species of the proposed variety.
ParityPatents Law Firms through its Attorney and Law Firms in France is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Breeders who have either discovered the proposed variety or have established the variety through research.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Details of the applicants
- A denomination for the proposed variety
- Description of the new variety
- 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 and substantive examination to establish that the applied variety is a new variety.
- Application may be examined by foreign experts.
- Preliminary examination may be dispensed with if carried out in another country party to the Paris Convention.
- Post examination, application is published in the official bulletin, to which interested third parties may object within stipulated time period
- Application meeting all the requisites is registered and certificate of Plant Breeders Rights granted.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration: 25 yrs. to 30 yrs. from the date of issue of the certificate depending on the variety requiring longer duration of protection.
Owners of the registered plant variety may:
- Produce, sell and offer to sell all or parts of the plant or any element thereof.
- Reproduction or vegetative propagation of the variety.
- Repeated use of the original variety or of varieties derived from it for reproduction by way of hybridisation.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Compulsory licenses are issued to such technically qualified applicants when the protected Plant Varieties are considered essential to human or animal life.
The State of France may also obtain such protected Plant Variety for the purposes of National Defence by way of compulsory / ex – officio licenses.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in France, can assist you comprehensively with PBR Compulsory Licence matters.