COUNTRY : POLAND
CAPITAL : WARSAW
LANGUAGE : POLISH
INTERNATIONAL TREATIES TO WHICH POLAND 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 Poland are protected by:
- Seeds Law
- Plant Variety Protection Act
- Community Plant Varieties 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
- Harvested material or products produced directly from that material
- Propagating material of ornamental and horticulture plants
- Varieties derived, discovered
- Varieties not clearly distinct from the protected variety
- Varieties obtained from production of propagating material requiring repeated use of a protected variety
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- Identical, similar to the denomination of the same or another genus already in existence.
- Evoke objections from the public
- Mislead regarding the identity of the breeder, characteristics or value of the variety’s use
- Identical or similar to existing designations in common usage in the marketing of goods
- In violation of existing trademarks belonging to third parties
- Found to contain the words Variety or Hybrid Variety
- Found to comprise of only digits or begin with digits.
If the proposed denomination is found to be inadequate, the applicant is given a prescribed time limit to submit another proposal.
Note: Rights granted in Poland stand suspended if Community Plant Variety Rights obtained through the European Plant Variety Office
ParityPatents Law Firms through its Attorney and Law Firms in Poland is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
- Plant Variety owners
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Details of the breeder such as his name, address, domicile
- Polish and Latin names of the genus / species
- Designation of the variety at the stage of breeding
- Proposed designation of the variety
- Indication as to the country of breeding, discovery, development of the variety
- Declaration by the breeder stating that:
-The variety is new
-Statement regarding the genetic modification of the variety
- Information regarding filing of application in other states
- If application filed through representatives, authorisation for the representatives to act on behalf of the applicant
- Description of the variety via technical questionnaire
- Proof of having paid fees
- Priority details if any
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.
- Application then submitted to substantive examination.
- Authorities may omit examination if the proposed variety is examined abroad. – Interested third parties may 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: 30 yrs. – Vines, Trees, Potato varieties
- 25 yrs. – All other varieties
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 breeder holding the plant variety has not place the propagating material or harvested material on the market.
- National economic interests are at stake.
- Quantity of propagating material as proposed by the breeder is insufficient to fulfil propagation of a given variety as per market needs.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Poland, can assist you comprehensively with PBR Compulsory Licence matters.