COUNTRY : PORTUGUESE REPUBLIC
CAPITAL : LISBON
LANGUAGE : PORTUGUESE
INTERNATIONAL TREATIES TO WHICH PORTUGAL 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 Portugal 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
- Lines, Hybrids, Strains, Clones
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if the denomination:
- Comprises more than three words, is an alphanumerical combination comprising more than four elements.
- Is not written in full
- Is difficult to pronounce, remember, inadequate for linguistic reasons.
- Is misleading as to origin, source, value, characteristics of the plant variety and the breeder.
- Is identical easy to confuse with existing denominations already registered.
- Is contrary to public policy or morality.
- Contains botanical or common names of the plant, genus, species or consists of words such as ‘variety, cultivar, hybrid, form, cross’.
- Creates a false impression that the proposed plant variety is derived from another variety or is related to such variety.
- Suggests characteristics common to other protected plant variety similar to the species.
- Is identical to a denomination used to designate another commonly grown plant variety in the public domain.
- resembles a denomination given to a plant variety used as a trademark or tradename for any new variety of the same or related species.
ParityPatents Law Firms through its Attorney and Law Firms in Portugal is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Plant Variety owners
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Name, address, nationality of the applicant and representative if any
- Name and address of the breeder if other than applicant
- Denomination or designation given to the variety
- Priority details if any
- Details regarding plant variety protection in other countries
- Signatures of the applicant or representative
- Declarations stating that the:
-Application is not in contravention with any trademark, tradename, denomination, previously registered in the applicant’s name
-Application does not cause confusion with denomination sought for protection or already registered in his favour
- Such other particulars required for the full evaluation of the application
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 to which interested third parties may file objections.
- Application then submitted to substantive examination.
- Authorities may accept tests conducted by either national institutes or foreign authorities as designated.
- 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:
- 15 yrs. from the date of registration – Herbaceous plants
- 20 yrs. from the date of registration – Woody plants
Plant Variety Rights holders have the following rights with respect to:
- Produce and market plants of the protected variety.
- Produce and market the corresponding reproductive or vegetative propagating material of the protected variety.
- Protected plant variety may be used as initial basic material for production of other varieties.
Note: protected plant variety may not be utilised for repeated or systematic use.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- Safeguarding public interest becomes vital for which quick and wide distribution of the variety is deemed necessary.
- Compulsory licenses may however be revoked if its holder fails to discharge obligations as stipulated.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Portugal, can assist you comprehensively with PBR Compulsory Licence matters.