UNITED STATES OF AMERICA
COUNTRY : UNITED STATES OF AMERICA
CAPITAL : WASHINGTAN DC
LANGUAGE : ENGLISH
INTERNATIONAL TREATIES TO WHICH UNITED STATES OF AMERICA 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 the USA are protected by:
- Plant Breeders Rights Act
- Seeds Law
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- New Plant Varieties
- Essentially Derived Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect the denomination given to such variety, if the:
- Proposed denomination is expressed in the form of numerals only.
- Designation of the proposed plant variety is not different from existing plant varieties.
- Designation misleads or confuses regarding the essential characteristics of the proposed plant variety.
- Third parties having prior rights over the proposed denomination.
- Difficulty in recognising the denomination and reproduction of the variety
- Proposed variety identical or confusingly similar to other denominations,PartityPatents Law Firms through its associates in the United States of America is at hand to help you with Plant Variety Protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors – in – title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act is to be in the form of a sworn statement and to contain the following requisites:
- Name, address, of the applicant, breeder along with his representative if applicable
- Proposed name of the variety along with temporary designation
- Description regarding genealogy, breeding procedure
- Statement by the applicant stating that the variety is new
- Declaration regarding deposit and Periodical replenishment of the seed, propagating material of the variety.
- Statement regarding b sis of applicant’s ownership
- Priority details if any
- Drawings and Photographs attached along with the application disclosing the distinctive characteristics of the variety
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, a formalities examination is carried out to ensure compliance to form and content of the application.
- Application to be published upon request by the owner
- Any objections or requirements by the examiner to be met with by the applicant within stipulated time period
- Application being compliant with all the requisites and satisfying the authorities regarding its registrability is registered and plant breeders rights issued.
- Interested parties may within 5 yrs. from the date of registration of the variety file objections regarding registrability of the variety and also seek re-examination of the plat variety.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
TERM AND KINDS OF PPV GRANTED IN USA:
- 20 yrs. – all species
- 25 yrs. – trees & vines
Owners of the registered plant variety may carry out the following:
- Production or reproduction;
- Conditioning for the purposes of propagation;
- Offering for sale;
- Sale or any other form of marketing;
- Export; • Import;
- Advertising, display of samples;
- Exchange, transfer and any other form of commercial transaction;
- Stocking for any of the purposes mentioned in subparagraphs (a) to (h);
- Any other delivery, in whatever connection
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
- To ensure adequate supply of fiber, food , feed in the country.
- The plant variety owner unwilling and / or unable to cater to the public needs of the country regarding the protected plant variety for a fair price.