COUNTRY : KINGDOM OF SWEDEN
CAPITAL : STOCKHOLM
LANGUAGE : SWEDISH
International Treaties to which Sweden is signatory for the protection of Plant Breeders Rights.
- SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
- TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
- CONVENTION ON BIOLOGICAL DIVERSITY And BIO SAFETY.
- CARTAGENA PROTOCOL on Bio Safety
- NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress.
- SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
- INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
- European Union Community Plant Varieties.
Plant Breeders Rights in Sweden are protected by:
- Plant Varieties Protection Act
- Seed Laws
- The Patent Regime
- European Union Community Rights Protection Act
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
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.
- Successors – in – title
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
- 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.
The Act protects New Plant Varieties which are:
- Designated by proper denominations
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 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.
Please write a mail for cost of registration of Plant Variety Protection in Sweden to the mail address given below: