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 Oman are protected by: Law on the protection of New Plant Varieties
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS
The Act protects the following Plant Varieties:
Essentially Derived Varieties
Transgenic Varieties . Applied Variety indicating it’s type and characteristics
Applied Variety to be not similar to another variety applied for registration or awarded registration certificate.
Applied Variety to not differ from it’s registered name in another country .
Applied Variety to not be in contravention with public order and Shari’a Laws.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>
The Act does not protect new varieties if the denomination given to such variety which:
Expressed solely in numbers
Identical with or similar to the denomination of another plant variety within the same species or closely related species iii
Likely to cause confusion and false identification concerning the characteristics of the applied plant variety and the breeder of the variety
Contrary to and conflicting with public order and customsParityPatents Law Firms through its Attorney and Law Firms in Oman is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
Persons claiming to be Breeders of the variety
Successors in title
Plant Variety Protection consultants
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT OMAN
Application made for protection under the Act to contain the following requisites:
The name of the applicant, the applicant’s permanent and temporary residences, or in the case of a juristic person or organization, its name, its office location, place of business, the name of its legal representative, manager and his or her permanent and temporary residences;
The botanical name of the plant variety,
The denomination of the plant variety,
The source of the plant variety,
The characteristics of the plant variety,
The process of breeding and discovery of the plant variety,
Application to be written in Chinese
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
Upon receipt of the application, it is formally examined to confirm compliance with all the requisites. The applicant is directed to comply with deficiencies if any found within the prescribed time period, else, application is deemed withdrawn.
Application is then subjected to substantive examination.
Post substantive examination, the authorities to accept the plant variety protection application and grant registration and protection
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS
The Act protects New Plant Varieties which are:
Novel – Distinct
Designated by proper denominations
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT
Duration of Registration:
25 years from the date of grant of registration – trees and vines.
20 years from the date of grant of registration – all other varieties.
Owners of the registered plant variety may:
Conduct production and propagation of the plant variety
Process the plant variety for the purposes of propagation
Advertise the plant variety for sale
Sell, Market and Trade the plant variety
Export and Import the plant variety
Stock the plant variety to carry out all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT
Compulsory Licenses: Authorities may issue compulsory licenses in the following circumstances:
To carry out some or all of the powers awarded to the breeders rights holders
Compulsory License to be executed as per specifications mentioned therein
Party awarded with Compulsory License, not to assign or approve entirely or partially to others the utilisation of breeders rights
Compulsory License to be cancelled upon elimination of the reason for its issuanceParityPatents along with specialised Patent Lawyers and Patent Attorneys in Oman, can assist you comprehensively with PBR Compulsory Licence matters.