COUNTRY : HUNGARY
CAPITAL : BUDAPEST
LANGUAGE : HUNGARIAN
INTERNATIONAL TREATIES TO WHICH HUNGARY 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 Hungary are protected by:
- The Plant Variety Protection Act
- Patent Regime
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:
- New Plant Varieties
- Hybrids, Lines, Clones
Note: Plant Variety protection granted under Hungarian 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
- Contrary to public policy or morality
ParityPatents Law Firms through its Attorney and Law Firms in Hungary is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
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 applicant along with his address
- Variety denomination
- Common name and Latin name of the species
- Document for having paid fees
- Priority details if any
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is examined for formality compliances. Any deficiencies to be corrected by the applicant within stipulated time period, else, application not accepted.
- Application fulfilling all the requisites is published in the official journal.
- Application then submitted to substantive examination.
- Application meeting all the requisites is granted protection.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Plant Variety Rights holders have the following rights with respect to propagating material of the protected plant variety:
Duration of Registration:
- 30 yrs. from the date of registration – Vines and Trees
- 25 yrs. from the date of registration – All other species
- To produce the plant variety
- To condition the propagating material for the purposes of propagation
- To place the variety on the market
- Offering the protected variety for sale and marketing
- Repeated use of the plant variety towards commercial production of another variety
- As propagating material of ornamental plants for purposes other than propagation
- Import & Export
- Stock the relevant material to carry out all of the above
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- The public interest is at stake.
- The protected plant variety cannot be utilised without infringing on existing plant variety rights.
- The protected plant variety has a direct bearing on the country’s economy
- Protected Plant Variety aids in significant technological advancement
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Ukraine, can assist you comprehensively with PBR Compulsory Licence matters.