COUNTRY : UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND
CAPITAL : LONDON
LANGUAGE : ENGLISH
INTERNATIONAL TREATIES TO WHICH UNITED KINGDOM 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 the United Kingdom are protected by:
- Plant Variety Protection 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
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
- 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
- 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 the United Kingdom stand suspended if Community Plant Variety Rights obtained through the European Plant Variety Office
ParityPatents Law Firms through its attorney and law firms in United Kingdom 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:
- Details of the breeder such as name, address, domicile
- Proposed designation of the variety
- Declaration by the breeder stating that:
-The variety is new
-Statement regarding the genetic modification of the variety
- Information regarding filing of application in other states
- If application filed through representatives, authorisation for the representatives to act on behalf of the applicant
- Assignment of Rights form’ if applicant is not the breeder
- Description of the variety via technical questionnaire
- 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
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.
- 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:
Compulsory Licenses: are issued when:
- Plant variety holder refuses authorisation of usage for his protected variety . Authorisation offered on unreasonable terms
- National economic interests are at stake.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in United Kingdom, can assist you comprehensively with Compulsory Licence matters.