COUNTRY : REPUBLIC OF SINGAPORE
CAPITAL : SINGAPORE
LANGUAGES : ENGLISH, MALYA, CHINESE
INTERNATIONAL TREATIES TO WHICH SINGAPORE 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)
PLANT BREEDERS RIGHTS LEGISLATION:
- Plant Varieties Protection Act 2004 – PVP Act
- Plant Varieties Protection Rules
- Patents Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVP Act protects varieties which are:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Plant varieties are protected by way of :
- Plant Variety Protection Legislation
- Patent regimeHowever, individual requirements of each system are to be fulfilled as set out by law. Protection is also accorded to Essentially Derived Varieties.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVP Act does not protect new varieties if the denomination given to such variety:
- consists solely of numbers.
- is misleading or confusing.
- is contrary to public policy and morality.
- causes confusion with or is similar to existing trademarks.Applicants are required to propose another denomination if a proposed denomination is found unsuitable by the Registrar within such prescribed period.ParityPatents Law Firms through its Attorney and Law Firms in Singapore is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Breeders, either individuals or companies may seek protection for their plant varieties.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PVP to contain the following requisites:
- Description of the plant varieties.
- The proposed denomination qualifying for approval and registration of the desired plant variety.
- Address for service within Singapore and priority details if any along with prescribed fees.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application and the contents therein being appropriate with law, the application is accepted and published, the applicant notified of the same. Else, the Registrar may direct the applicant to carry out the necessary amendments.
- Upon acceptance of the application, the Registrar is to advertise the application calling for objections if any from interested 3rd parties.
- Interested parties may within prescribed period from the date of advertisement file opposition to the application.
- In the event the application for registration is not opposed or overcomes opposition, the Registrar proceeds to examine the plant variety.Applicants may lodge with the Registrar an examination report issued and certified by a prescribed examination authority in any UPOV member country other than Singapore.
- Registrar upon being satisfied regarding compliance with all the requisites of the application may proceed to register the plant variety and issue registration Certificate to the applicant.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
25 years from the date of grant of registration.
Owners of the registered plant variety may have the following rights:
- The exclusive right to exploit the protected variety.
- Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
- Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.
Engage in the following activities regarding the propagating material of the plant variety:
- Production of propagating material of the protected variety
- Processing for the purposes of propagation
- Sale, Offer an Exposure for sale of the protected plant variety
- Market, Import and Export the variety
- Stocking the variety for any or all of the above mention purposes
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Interested people may apply to the concerned court in Singapore for grant of compulsory licenses provided the applicant proves that :
- The applicant was unable to obtain authorisation from the owner of the Plant Variety on reasonable Terms & Conditions.
- The grant of the compulsory license is in the public interest.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Singapore, can assist you comprehensively with PBR Compulsory Licence matters.