COUNTRY : REPUBLIC OF TURKEY
CAPITAL : ANKARA
LANGUAGE : TURKISH
INTERNATIONAL TREATIES TO WHICH TURKEY 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 Turkey are protected by:
- Plant Variety Protection Act
- Seeds Act
- Community Plant Varieties Protection Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- New Plant Varieties
- Varieties derived, discovered
- Essentially derived varieties
- Varieties not distinct from protected varieties
- Varieties whose production requires repeated use of the protected variety
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect denominations given to such varieties, if they are :
- Identical, similar to the denomination of the same or another genus already in existence
- Does not aid in identification of the variety and linguistically incapable of identifying the variety
- Mislead or cause confusion regarding the identity of the breeder, characteristics or value of the variety’s use
- Not generic in denominating the varieties
- Found to comprise of only digits
- Not different from existing denominations vii. In contravention of prior third party rights
If the proposed denomination is found to be inadequate, the applicant is given a prescribed time limit to submit another proposal.
Note: Rights granted in Turkey stand suspended if Community Plant Variety Rights obtained through the European Plant Variety Office
ParityPatents Law Firms through its associates in Turkey is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
- Plant Variety owners
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- Names of the applicant, breeder, representative as applicable
- Applicant not being the breeder, document indicating transfer of rights from breeder to applicant
- Proposed denomination or provisional designation of the variety
- If application filed through representatives, authorisation for the representatives to act on behalf of the applicant
- Description of the variety via technical questionnaire
- Commercialisation details of the variety
- Proof of having paid fees
- Priority details if any
- If the application is for an ornamental species, a colour photograph indicating representative features of the variety
- All documents to be appropriately translated into Turkish
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is examined for formality compliances. Any deficiencies to be corrected by the applicant within stipulated time period, else, application not accepted.
- Application fulfilling all the requisites is published in the official journal.
- Application then submitted to substantive examination.
- Interested third parties may lodge objections if any, towards grant of protection.
- Application then submitted to technical examination.
- No objections, or if objections successfully overcome, application is registered and plant breeders rights granted.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 30 yrs. – Vines, Trees, Potato varieties
- 25 yrs. – All other varieties
Plant Variety Rights holders have the following rights with respect to propagating material of the protected plant variety:
- To produce the plant variety
- To condition the propagating material for the purposes of propagation
- To place the variety on the market
- Offering the protected variety for sale and marketing
- Import & Export
- Stock the relevant material to carry out all of the above
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- National defence, public interests such as public health care are at stake .
- Non – exploitation, insufficient exploitation of the plant variety causes serious damage to the economic and technical development
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Turkey, can assist you comprehensively with Compulsory Licence matters.