UNITED KINGDOM

• INTERNATIONAL TREATIES TO WHICH UNITED KINGDOM IS SIGNATORY

  • International Treaties to which the United Kingdom 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. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. 
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.
    8. European Union Community Plant Varieties.
• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in the United Kingdom are protected by:

    1. Plant Variety Protection Act
    2. Community Plant Varieties Protection Act
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. New Plant Varieties
    2. Hybrids
    3. Varieties derived, discovered
    4. 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 :

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

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

    1. Details of the breeder such as name, address, domicile
    2. Proposed designation of the variety
    3. Declaration by the breeder stating that:-The variety is new
       -Statement regarding the genetic modification of the variety
    4. Information regarding filing of application in other states
    5. If application filed through representatives, authorisation for the representatives to act on behalf of the applicant
    6. Assignment of Rights form’ if applicant is not the breeder
    7. Description of the variety via technical questionnaire
    8. Proof of having paid fees
    9. Priority details if any
    10. 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.
• 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 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.
• Cost of Registration in UNITED KINGDOM

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

    contact@paritypatent.com