NETHERLANDS

• INTERNATIONAL TREATIES TO WHICH NETHERLANDS 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 the Netherlands are protected by:

    1. The Seeds and Planting Materials Act
    2. Community Plant Variety Rights of the European Union
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR: New Plant Varieties

    Note: Plant Variety protection granted under the Law of the Netherlands 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 :

    1. Unable to identify the variety
    2. Not distinctive
    3. Consists only of figures
    4. Identical to an existing denomination of a similar variety
    5. Mislead regarding origin, properties or value of the variety, original breeder, discoverer or any other entitled person
    6. Could be offensive
    7. Contrary to public policy or morality
    8. Having a resemblance to a trade name or trademark so as to cause confusion regarding the nature of origin of products

    ParityPatents Law Firms through its Attorney and Law Firms in Netherlands is at hand to help you with PBR protection and registration.

• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • 1. Breeders,
    2. Discoverers,
    3. Developers of the variety,
    4. Successors – in – title
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT NETHERLANDS

  • Application made for protection under the Act to contain the following requisites:

    1.  Name of the applicant
    2. Details of the applicant along with his address
    3. Variety denomination
    4. Clear description of the variety
    5. Accurate account of the characteristics distinguishing the proposed variety from other varieties of the same species
    6. Document for having paid fees
    7. Priority details if any
    8. A deed stating that if the proposed denomination is registered, the applicant relinquishes all rights that may accrue in any:  
    • Union state
    • Member state of the EU
    • Another state party to the Agreement on the European Economic are in respect of the same or similar goods.
• 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 to which interested parties may file objections within stipulated time period.
    • Application then submitted to substantive examination.
    • Application meeting all the requisites is granted protection.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    1. Novel
    2. Distinct
    3. Uniform
    4. Stable
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    1. 30 yrs. from the date of registration – Such plants designated by the authorities
    2. 25 yrs. from the date of registration – All other species

    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
    • Offering the protected variety for sale and marketing
    • Import & Export
    • Stock the relevant material to carry out all of the above
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • Compulsory Licenses: are issued when: .

    The public interest is at stake.

    • The Plant Variety Holder not licensing the variety or the propagating material at a reasonable price to the license seeker.
    • When a biotechnology patent holder is unable to exploit the said patent without infringing on the Plant Breeders’ Rights

    Cross Licenses: are issued when, the holder of a breeder’s right has been granted a licence under the Dutch Patents Act, the holder of the breeder’s right shall be obliged to grant a reciprocal licence to the patent holder, at the latter’s request, for use of the protected variety

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Netherlands, can assist you comprehensively with PBR Compulsory Licence matters.

• Cost of Registration in NETHERLANDS

  • Please write a mail for cost of registration of Plant Variety Protection in Netherlands to the mail address given below:

    contact@paritypatent.com