COUNTRY : STATE OF ISRAEL
CAPITAL : JERUSALEM
LANGUAGES : HEBREW & ARABIC
INTERNATIONAL TREATIES TO WHICH ISRAEL 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 Law 5733 – 1973 as amended in 1983 & 1996
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act protects the following varieties:
- Extant Varieties
- Breeders Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect new varieties if the denomination given to such variety:
- if the denomination is similar to a denomination, identical to a denomination or to a denomination which is identical or similar in description under the Merchandise Marks Ordinance ;
- is identical to a denomination accepted by the pubic though not mentioned in the enactment;
- liable to violate public order and morality;
- liable to mislead public regarding the denomination’s characteristics or differentiation;
- not in compliance with accepted international norms on variety;ParityPatents Law Firms through its Attorney and Law Firms in Israel is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Following persons may individually or jointly with other persons file applications seeking protection under the Act:
- Persons claiming to be the breeder of the variety;
- Successors of the breeder of the variety;
- Assignees of the breeders of the variety ;
- Farmers, Groups of Farmers, Communities of Farmers claiming to be the breeders of the variety;
- Universities or publicly funded Agricultural Institutions.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to conform to the following requisites:
- Application to state the denomination assigned to such variety by the applicant;
- Application to be accompanied by an affidavit sworn by the applicant that such a variety does not contain any gene or gene sequence involving terminator technology;
- Application to contain:
– complete details of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken
– complete information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety.
- Application to be accompanied by a statement briefly describing the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration;
- Application to contain a declaration stating that the generic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired and
- The Application to be accompanied by such other particulars and fees as prescribed.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
Upon receipt of the application, examination is conducted by the authorities by way of:
- Examiners or other experts to give their opinions on professional and technical questions.
- Tests and Field trials if need be.
- Transmit particulars of the application to international institutions to enable examination.
- Allow the applicant to testify by way of hearing before concluding grant.
- Upon completion of examination, Registrar to publish the application.
- Interested 3rd parties may file opposition within 90 days.
- In the event the application does not encounter any opposition or the opposition is overcome, the application is registered, and certification granted.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
- Duration of Breeders Rights – 20 yrs. from the date of registration.
- Duration of Breeders Rights in vines, fruit trees, other perennial plants – 25 yrs. from the date of registration.Owners of the registered plant variety may have the following rights:
- The exclusive right to exploit the protected variety.
- Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
- Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.
Engage in the following activities regarding the propagating material of the plant variety:
- Production of propagating material of the protected variety
- Processing for the purposes of propagation
- Sale, Offer an Exposure for sale of the protected plant variety
- Market, Import and Export the variety
- Stocking the variety for any or all of the above mention purposes
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
After expiry of 2 yrs. from the date of issue of certificate of registration, the authorities may issue compulsory licenses as following :
- Pharmaceutical License: in order to ensure supply of therapy for reasonable quantities at reasonable prices to the public.
- Agricultural License: wherein the breeder has not:
– Utilised the registered variety. – Utilised the registered variety in public interest.
– The breeder has prevented holder of an essentially derived variety from utilising the derived variety.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Israel, can assist you comprehensively with PBR Compulsory Licence matters.