COUNTRY : KINGDOM OF NORWAY
CAPITAL : OSLO
LANGUAGE : NORWEGIAN
INTERNATIONAL TREATIES TO WHICH NORWAY 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 Norway are protected by:
- Seeds Law
- Plant Variety Protection Act
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
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.
- 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.
- Likely to be offensive.
- Contrary to public policy or morality.
- Having a resemblance to a trade name or trademark so as to cause confusion regarding the nature of origin of products.
- Causing confusion with a trademark for plant material or similar goods already in existence over which applicant enjoys protection.
ParityPatents Law Firms through its Attorney and Law Firms in Norway is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Breeders, Plant Variety owners
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
- 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
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.
- 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.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 20 yrs. from the date of registration – All other species
- 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
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- 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.