COUNTRY : SWISS CONFEDERATION
CAPITAL : BERN
LANGUAGE : GERMAN
INTERNATIONAL TREATIES TO WHICH SWITZERLAND 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 Switzerland 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
- Cultivars, Clones, Lines, Stocks, Hybrids
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, trade names
- 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.
- Contrary to public policy, morality and likely to infringe federal laws and international instruments.
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 Switzerland 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, variety holder, agent, as applicable
- Genus or Species to which the concerned variety belongs
- Proposal for a denomination for the variety
- 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:
- 20 yrs. – from the date of grant of protection for most species
- 25 yrs. – in case of certain species, groups of plants as per federal council’s directives
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:
- The plant breeder rights holder refuses license to the applicant on insufficient grounds
- The public interest is at stake
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Switzerland, can assist you comprehensively with PBR Compulsory Licence matters.