SPAIN

• INTERNATIONAL TREATIES TO WHICH SPAIN IS SIGNATORY

  • International Treaties to which Spain is signatory for the protection of Plant Breeders Rights.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    3. CONVENTION ON BIOLOGICAL DIVERSITY And BIO SAFETY.
    4. CARTAGENA PROTOCOL on Bio Safety
    5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. 
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
    8. European Union Community Plant Varieties.
• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Spain are protected by:

    1. Plant Varieties Protection Act
    2. European Union Community Rights Protection Act
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. Essentially Derived Varieties
    2. New Plant Varieties
    3. Varieties derived essentially from a protected variety when the protected variety is not an Essentially Derived Variety
    4. Varieties that can be produced only by repeated use of a protected variety
    5. Varieties clearly distinguished from a protected variety
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The Act does not protect the denomination given to such variety, if the denomination:

    1. Is not a single denomination
    2. Consists solely of figures
    3. Is not possible to distinguish from other existing denominations
    4. Is liable to mislead the public v. Is liable to be confused with existing trademarks, tradenames
    5. Misleads or causes confusion regarding values, characteristics, value or identity of the plant variety and the identity of the breeder

    Denomination found to be not in compliance with all the requisites, is to be resubmitted by the applicant with a fresh proposal.

    ParityPatents Law Firms through its Attorney and Law Firms in Spain is at hand to help you with PBR protection and registration.

• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • 1. Breeders
    2. Assignees
    3. Discoverers
    4. Creators and Developers
    5. Employers
    6. Successors
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT SPAIN

  • Application made for protection under the Act to contain  the following requisites:

    • Details of the applicant and the representative where applicable
    • Details of the breeder if differing from that of the applicant
    • Nationality of the applicant and the plant breeder
    • Genus and species of the variety
    • Proposed denomination, if necessary provisional denomination
    • Technical questionnaire
    • Genealogy and procedure by which the variety was obtained, discovered, developed
    • Document for having paid the fee
    • Priority details if any
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
    • Applicant to correct or amend the application if ordered, else, application is to be dismissed.
    • Application subjected to technical examination
    • Upon application being compliant, it is published.
    • Interested third parties may file objections for grant of plant variety rights by way of written protest with the authorities.
    • There being no objections or objections successfully overcome by the application, registration granted to the applied variety.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    1. Novel
    2. Distinct
    3. Uniform
    4. Stable
    5. Designated by proper denominations
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    30 yrs. – Vines, Trees

    25 yrs. – All other varieties

    Owners of the registered plant variety may:

    • produce and reproduce the propagating material
    • Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
    • Condition the propagating material for the purposes of propagation
    • Sale, Export, Import the material
    • Assign, Sell, Transfer the material to other parties, Enter into contractual licenses which may be exclusive or non-exclusive
    • Stock the propagating material for all of the above acts
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • Compulsory Licenses: are issued three years from the date of grant of registration when:

    • Holder of the plant breeders rights refuses to grant the applicant license and is imposing unreasonable conditions.
    • Applicant seeking the license is technically and financially competent to exploit the plant breeders rights professionally and effectively.

    Reciprocal Compulsory Licenses: are issued when:

    • A plant breeder is unable to obtain or exploit plant variety rights without violating prior patents may seek non-exclusive compulsory licenses.
    • Holder of the patent is also entitled to reciprocal license.
    • When holder of a biotechnology patent is unable to exploit it without violating prior plant variety rights may seek non-exclusive compulsory licenses.
    •  Holder of the plant variety right also entitled to reciprocal license.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Spain, can assist you comprehensively with PBR Compulsory Licence matters.

• Cost of Registration in SPAIN

  • Please write a mail for cost of registration of Plant Variety Protection in Spain to the mail address given below:

    contact@paritypatent.com