The Act protects New Plant Varieties which are:

1. Novel
2. Distinct
3. Uniform
4. Stable

Breeders, Plant Variety owners

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
• Clear description of the variety
• Accurate account of the characteristics distinguishing the proposed variety from other varieties of the same species
• Document for having paid fees
• Priority details if any
• If applicant not the breeder then basis for his title to the variety to be stated
• Disclosure regarding prior exploitation of the variety if undertaken else, statement to the effect that the variety is not exploited

• 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.
• If third parties able to establish that the third party is eligible and entitled to the variety, then the application is transferred in the name of the third party.
• Application then submitted to substantive examination.
• Authorities may omit examination if the proposed variety is examined abroad.
• Application meeting all the requisites is granted protection and decision to grant plant breeders rights is published together with a notice for interested third parties to lodge objections if any, towards grant of protection.
• No objections, or if objections successfully overcome, application is registered and plant breeders rights granted.

Duration of Registration:

1. 20 yrs. from the date of registration – All other species
2. 25 yrs. from the date of registration – Tres & Vines

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

• The public interest and National Food Supply are at stake.
• The Plant Variety Rights holder not licensing the variety or the propagating material at a reasonable price to the license seeker.
• Plant Variety Rights holder failing to offer the propagating material of the plant variety for sale.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Norway, can assist you comprehensively with PBR Compulsory Licence matters.