COUNTRY : FEDRAL REPUBLIC OF GERMANY
CAPITAL : BERLIN
LANGUAGE : GERMAN
INTERNATIONAL TREATIES TO WHICH GERMANY 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 Germany are protected by: The Plant Variety 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:
- Essentially Derived Varieties
- New Plant Varieties
- Varieties not clearly distinguishable from the protected variety
- Plant varieties obtained from used of the protected propagation material
Note: Plant Variety protection granted under German Law stands suspended if community plant variety rights granted for the same variety.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- Unable to identify the variety especially for linguistic reasons
- Not distinctive
- Consists only of figures
- Identical to an existing denomination of a similar variety
- Mislead regarding origin, properties or value of the variety, original breeder, discoverer or any other entitled person
- Could be offensive
ParityPatents Law Firms through its Attorney and Law Firms in Germany is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Breeders and Discoverers
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Name of the applicant
- Details of the breeders / discoverers
- Variety denomination
- Document for having paid fees
- Priority details if any
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is published with all the relevant details.
- Interested third parties may file their objections to the application within stipulated period of time.
- Application is checked for formality compliances.
- Application is then substantively examined.
- The authorities may rely on tests and results conducted and obtained by institutes and experts abroad.
- Further requisites if any to be complied with by the applicant, else, application liable to be rejected.
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.
Plant Variety Rights holders have the following rights with respect to propagating material of the protected plant variety:
- To produce the plant variety
- To condition the propagating material for the purposes of propagation
- To place the variety on the market
- Import & Export
- Stock the relevant material to carry out all of the above.
The Plant Variety Rights holders also have the following rights:
- Transferable rights of the protected plant variety to :
- Natural persons
- Legal persons
- Un – Incorporated trading companies
- The right to variety protection
- The claim to granting variety protection
- Variety protection itself
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Compulsory Licenses: are issued when:
- The public interest is at stake
- Plant Variety Protection holder is not granting exploitation rights of the variety to the license seeker
- Insufficient exploitation rights granted in the variety
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Germany, can assist you comprehensively with PBR Compulsory Licence matters.