INTERNATIONAL TREATIES TO WHICH UKRAINE 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)
PLANT BREEDERS RIGHTS LEGISLATION
Plant Breeders Rights in Ukraine are protected by way of plant variety patents through the following:
Plant Variety Protection Act
The Patent Regime
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS
Protection accorded by PBR:
Essentially Derived Varieties
New Plant Varieties
Varieties not clearly distinguished from the other varieties
Varieties whose production requires repeated use of the owners variety
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>
The Act does not protect denominations given to such varieties, if they: i. Consist only of figures. ii. Similar to existing denominations in a member state. iii. Likely to cause offence. iv. Liable to mislead the identity, origin, characteristics, value of the variety. v. Does not aid in identifying the plant variety. vi. Denomination not fulfilling the requirements shall be refused and the applicant to propose another denomination. vii. Contravening humanity and morality.
ParityPatents Law Firms through its Attorney and Law Firms in Ukraine is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
Breeders i.e., Creators or Joint Creators of the variety
Successors in title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT UKRAINE
Application made for protection under the Act to contain the following requisites:
Request for grant of plant patent as per form
One application per variety in Ukrainian
Application to indicate variety’s name
Description of variety regarding its features and properties
Completed technical questionnaire as set out
Power Of Attorney where application is filed through a patent attorney or agent
Proof of payment
Priority details if any
Such other particulars (if any) as required by the authorities.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
Upon receipt of the application, it is submitted to a Preliminary and Substantive examination.
The application is examined for compliance with all the requisites.
Missing documentation is to be furnished by the applicant and all amendments and corrections to be made within stipulated time period.
Application is published post preliminary examination.
Substantial examination is then carried out to determine patentability of the variety.
Application meeting technical criteria is registered and patent for the variety is issued and once again published with all the relevant information.
This plant patent may be contested and opposed to by 3rd parties throughout the term of its validity.
There being no opposition, the registered variety holds good.
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS
The Act protects New Plant Varieties which are:
Designated by proper denominations
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT
Duration of Registration: 20 yrs. from the date of registration of the plant variety – Such other species
30 yrs. from the date of registration of the plant variety – Grapes, Wood, Fruit cultures
Owners of the registered plant variety may undertake:
Production and Multiplication of the propagating material
Conditioning the propagating material for the purposes of propagation
Sale, Market, Export, Import the material
Assign, Sell, Transfer the material to other parties
Stock the propagating material for all of the above acts
The Plant Variety Protection holder will have the following rights as well:
Non – Exclusive Licenses: wherein, the applicant may conclude a non-exclusive license with 3rd parties to use the rights in the protected plant variety.
Open Licensing: wherein:
The owner of the plant variety to communicate with the Patent Office by way of official publication or declaration by which he undertakes to grant rights to use the plant variety by way of non-exclusive license.
Interested persons may then conclude a licensing agreement with the plant variety owner.
This form of licensing will carry a reduced maintenance fee of 50%
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT
Variety not used by the plant variety owner during the first 5 years from the date of registration.
National and Public interests are at stake.
Plant variety owner not issuing licenses to applicants.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Ukraine, can assist you comprehensively with PBR Compulsory Licence matters.