COUNTRY : NEW ZEALAND
CAPITAL : WELLINGTON
LANGUAGE : ENGLISH
INTERNATIONAL TREATIES TO WHICH NEW ZEALAND 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 in New Zealand are protected by: Plant Varieties Act 1987
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
New Varieties designated by means of a denomination proposed by the applicant and approved by the Commissioner.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect the denomination given to such variety, if:
- Applications for the grant of protection are incompatible with the Act or Regulations.
- The variety for which application filed, is not new.
- Such applicant is not entitled to make the application as per law.ParityPatents Law Firms through its Attorney and Law Firms in New Zealand is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Breeders or Discoverers of the applied variety
- Successors – in – title
- Agents on behalf of the owner
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Quantity of seed as prescribed for the applied variety
- Completed technical questionnaire concerning the applied variety
- Colour photos of the propagating material of the applied variety
- Address for service in New Zealand along with prescribed fee
- Priority details if any
- All other details as required by the commissioner
- A proposed denomination for the variety applied
- Prescribed fee for trials and examinations
- Such reproductive material of the variety as specified by the Commissioner
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- Upon application being compliant, it is published .
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit.
- There being no objections or objections successfully overcome by the application, Commissioner to grant registration to the applied variety.
- Interested third parties may object to the application post grant as well if the objecting person considers the applied variety is not new, distinct, stable and homogenous
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
Non – Woody plants : 20 yrs. from the date of grant of registration.
Wood plants – 23 yrs. from the date of grant of registration.
Owners of the registered plant variety may:
- Sell and produce the plant variety in New Zealand for the purposes of selling the propagating material of the protected plant variety
- Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
- Use the propagating material where the protected plant variety consists of ornamental plants or cut flowers or parts thereof normally marketed
- Plant Breeders Rights may be assigned, mortgaged, disposed off and transferred.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances, 3 yrs. post grant of registration if:
- Reasonable quantities of the propagative material
- Reasonable quality of the applied variety Are not available for purchase by the general public at reasonable prices.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in New Zealand, can assist you comprehensively with PBR Compulsory Licence matters.