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
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 UNITED STATES OF AMERICA
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