TURKEY

• INTERNATIONAL TREATIES TO WHICH TURKEY IS SIGNATORY

  • International Treaties to which Turkey 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. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    6. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.

     

    Turkey is not a member of NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress.

• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Turkey are protected by:

    1. Plant Variety Protection Act
    2. Seeds Act
    3. Community Plant Varieties Protection Act
• 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 :

    1. Identical, similar to the denomination of the same or another genus already in existence
    2. Does not aid in identification of the variety and linguistically incapable of identifying the variety
    3.  Mislead or cause confusion regarding the identity of the breeder, characteristics or value of the variety’s use
    4. Not generic in denominating the varieties
    5. Found to comprise of only digits
    6. 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
  • 1. Breeders
    2. Discoverers
    3. Developers
    4. Employers
    5. Successors – in – title
    6. Plant Variety owners
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT TURKEY

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

    1. Names of the applicant, breeder, representative as applicable
    2. Applicant not being the breeder, document indicating transfer of rights from breeder to applicant
    3. Proposed denomination or provisional designation of the variety
    4. If application filed through representatives, authorisation for the representatives to act on behalf of the applicant
    5. Description of the variety via technical questionnaire
    6. Commercialisation details of the variety
    7. Proof of having paid fees
    8. Priority details if any
    9. If the application is for an ornamental species, a colour photograph indicating representative features of the variety
    10. 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.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    1. Novel
    2. Distinct
    3. Uniform
    4. Stable
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    • 30 yrs. – Vines, Trees, Potato varieties
    • 25 yrs. – All other varietiesPlant 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.

• Cost of Registration in TURKEY

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

    contact@paritypatent.com