COUNTRY : KINGDOM OF SWEDEN
CAPITAL : STOCKHOLM
LANGUAGE : SWEDISH
INTERNATIONAL TREATIES TO WHICH SWEDEN 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 Sweden are protected by:
- Plant Varieties Protection Act
- Seed Laws
- The Patent Regime
- European Union Community Rights Protection Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- New Plant Varieties
- Varieties derived essentially from a protected variety when the protected variety is not an Essentially Derived Variety
- Varieties that can be produced only by repeated use of a protected variety
- 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:
- Consists solely of figures
- Is not possible to distinguish from other existing denominations
- Is liable to mislead the public
- Is liable to be confused with existing trademarks, tradenames
- Misleads or causes confusion regarding values, characteristics, value or identity of the plant variety and the identity of the breeder
- Likely to cause confusion with already existing trademarks for a plant variety or goods of a similar kind over which the applicant already enjoys protection.
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 Sweden is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Clear description of the variety indicating characteristics and features distinguishing the variety from other varieties
- Name and details of the breeder
- Origin of the variety
- Proposal for a denomination for the variety
- A declaration stating that the variety is new by the applicant
- Only one application per plant variety
- 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. – Interested third parties may file request seeking transfer of the application stating better rights.
- Application not transferred and in compliance with all the requisites to be published in the gazette to which interested third parties may file opposition.
- Application subjected to technical examination
- There being no objections or objections successfully overcome by the application, registration granted to the applied variety.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
30 yrs. – Potatoes, 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:
- There being no supply of the reproductive material of a registered plant variety on the market.
- Unreasonable terms being imposed towards execution of the registered variety.
- National economy and public interests are at stake.
- No acceptable / justifiable reasons for lack of supply of the protected variety.
Cross Licenses: are issued when:
- A holder of a patent on biotechnological invention is unable to exploit it without violating prior plant breeders rights, may obtain a compulsory license to exploit protected plant variety.
- The applicant is to prove the technical progress and economic worth of the biotechnological invention in relation to the plant variety.
- If the holder of plant breeders rights obtains a compulsory license in a patent, the patent holder is entitles to obtain cross – license to exploit the protected plant variety.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Sweden, can assist you comprehensively with PBR Compulsory Licence matters.