Plant Breeders Rights in Romania are protected by:
Law on The Protection of New Plant Varieties by way of grant of a Plant Variety Patent
Community Plant Variety Rights of the European Union
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS
New Plant Varieties
Essentially Derived Variety
Variety not clearly distinguishable from the protected variety
Variety whose production requires repeated use of the protected variety
Note: Plant Variety protection granted under Romanian Law stands suspended if community plant variety rights granted for the same variety.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>
The Act does not protect such Plant Varieties which violate:
Public Morality and Public Order
Health and life of humans, animals, plants
Protection of environment, industrial and commercial property
Competition, trade and agricultural safeguards
The Act does not protect denominations given to such varieties, if Variety:
Not designated by a generic denomination so as to be able to be identified
Not differing from other existing varieties.
Consists only of figures
Is likely to mislead, cause confusion regarding characteristics, value or identity of variety and the breeder
Similar or identical to an existing trademark, appellation of origin or geographical indication
In contravention of existing Industrial Property rights.
If the denomination does not fulfil the requisites as per law, the applicant has to resubmit a new denomination with a fresh proposal.
ParityPatents Law Firms through its Attorney and Law Firms in Romania is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
Developers of the variety
Successors – in – title
Commissioners commissioning creation of new varieties.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT ROMANIA
Application made for protection under the Act to contain the following requisites:
Application to be in Romanian
Application to relate to one variety only
Applicant’s details such as name, address etc.
Latin denomination and Romanian denomination of the species
Provisional denomination of the variety
Completed technical questionnaire
Priority details if any
Information regarding previous exploitation of the variety
Proof of having paid fees
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 National register.
Application then submitted to substantive examination and technical examination of the variety.
Application meeting all the requisites is published in the Official Bulletin to which interested third parties may file for revocation of patent within stipulated time period.
In the event there are no objections or revocation of the patent, then plant variety patent is issued.
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS
The Act protects New Plant Varieties which are:
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT
Duration of Registration:
30 yrs. from the date of registration – Trees, Vines, Potatoes
20 yrs. from the date of registration – All other species
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 is at stake.
The holder of the Plant Variety Rights refuses to grant license for exploitation of the variety.
When a biotechnology patent holder is unable to obtain a contractual license from the Plant Variety Holder.
When the biotechnological invention constitutes significant technical progress of important and considerable economic interest.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Romania, can assist you comprehensively with PBR Compulsory Licence matters.
Cost of Registration in ROMANIA
Please write a mail for cost of registration of Plant Variety Protection in Romania to the mail address given below: