New Plant Varieties

– Plant Breeders' Rights Law, 5733-1973, amended in 1996 to incorporate the provisions of the 1991 Act of the UPOV Convention, and implemented through the Plant Breeders' Rights Regulations, 5734 - 1974.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), since December 12, 1979, Act of 1991 since April 24, 1998.

Filing

Applicant: (1) the breeder (Section 3(a) of the Law); (2) an Israel citizen, an Israel resident or a resident of a Union state - including a body corporate established by Law or registered in Israel or in a Union state - may apply for the registration of breeders' right in the Register of Rights also in respect of a variety bred outside of Israel (Section 3(b) of the Law). "Breeder" is defined in Section 1 of the Law as the person who has developed the new variety or his successor in title by process of Law, by transfer or by agreement. 

Kinds of plants: at present, rights can be obtained on a list of about 100 varieties involving field crops, garden crops, fruit trees and flowers, and even, under certain conditions, algae and fungi. A breeder's right is granted in Israel, in accordance with the UPOV Convention, where the variety is new, Distinct, Uniform and Stable (DUS Requirements, defined by Section 6 of the Law). 

Novelty: a variety shall be deemed new if it clearly differs from any known variety. Without derogating from this generality, a variety is deemed new even if - prior to the filing of the application for the registration of breeders' rights - the propagating material or the harvested material of the variety was sold or otherwise transferred by or with the consent of the breeder of the variety, during a period no longer than (1) in Israel - one year from the determining day; (2) outside of Israel - in respect of grape vines, forest trees, fruit trees and ornamental trees - six years from the determining day, and in respect of other plants - four years from the determining day (Section 7(c) of the Law). The novelty is examined as at the "determining day" which, in turn, is defined as the date of filing of the PBR Application. If priority from a foreign application is validly claimed, the priority date shall be the determining day (Section 72 of the Law).

Filing requirements for an application (to be sent to resident agent):
1. A technical description of the variety, accompanied by color photographs (the Technical Questionnaire);
2. Application form including, among other requirements, applicant's name;
3. The application and examination fee;
4. Original executed power of attorney;
5. If the applicant is not the original breeder, an assignment form is required (certified by a local lawyer or notary);
6. A declaration that the applicant is aware of local law regarding disclosure of documents under the Plant Breeders’ Rights Law, 5733-1973.

Procedure

Application, acceptance and opposition: the submitted application is first examined to determine whether it is in compliance with the law and formal requirements. An applicant gets an opportunity to make amendments, if necessary. The application is then published in "Reshumot" (the official government "Publication Digest") and in a professional periodical journal. The publication in Reshumot and in the professional journal will specify (1) the name of applicant; (2) the denomination proposed for the variety; and (3) the variety description as provided in the Technical Questionnaire. The Registrar may also include in the publication any other particulars which in his opinion should be added. Within ninety days of the publication of the application, any person may lodge an opposition to the grant of the PBR (Section 23(a) of the Law). In the absence of an opposition within the prescribed time, the applicant is invited to provide growing specimens or other material of the variety to enable the Breeders' Rights Council to conduct growing tests. Examination in the field is executed by a Council's Examiner. Their field examinations are concluded into examination reports which are forwarded to the Council. Applicants may request a copy of the examination report. Test results from other countries may be accepted (subject to the PBR Council's discretion); when relying on examination results from abroad, the official examination fee is reduced. There is no formal policy concerning the circumstances and conditions of registration based on examination abroad. 

Grant: if the Plant Breeders' Rights Council is satisfied that the variety is novel, sufficiently uniform as to its fundamental characteristics, as indicated in the application form and Technical Questionnaire, and its fundamental characteristics are stable, its description and characteristics are preserved also after reproduction and where breeding involves a whole cycle, its characteristics are preserved at the termination of each cycle, and all relevant material and professional literature submitted to the Council have been examined and that, moreover, any opposition (if filed) has been dismissed, the Council will instruct the PBR Registrar to register the PBR in the PBR Register in the name of the applicant, and the grant will be published in the Official Gazette. 

Appeal: generally, decisions of the Registrar and the Breeders' Rights Council may be appealed to the Jerusalem District Court. Decisions of the Breeders' Rights Committee may be appealed to the Supreme Court of Civil Appeals. The appeal period in each case is thirty days. 

Duration: the term of protection in respect of new varieties of vine, fruit trees, forest trees and any other perennial plant is twenty-five years from the date of registration. The term of protection in respect of any other new plant varieties is twenty years from the date of registration. However, the Minister of Agriculture is empowered to direct different terms for individual plant varieties. 

Renewal: renewal fees are applicable to registered PBR and are payable annually in the month of January. 

Compulsory licenses: the Council may permit the use of a registered PBR without the holder's consent if the PBR holder did not exploit the registered right or exploited it under circumstances and conditions which did not benefit the public (1) for pharmaceutical exploitation, manufacture of a medicine: a compulsory license for a pharmaceutical exploitation is granted where it appears to the Breeders' Rights Council that it is necessary to do so in order that medical supplies should be available to the public in reasonable quantities and at reasonable prices; (2) for agricultural purposes: a compulsory license for agricultural exploitation is granted in case of abuse of monopoly. 

Voluntary licenses: no special provisions. The possibility to grant a voluntary license follows, however, from the definition of the scope of a breeder's right according to which he "may prevent any other person from utilizing without his permission or unlawfully the variety in respect of which the right has been registered". There is no provision for the recordal of a voluntary license but by analogy to the requirements to record a transfer it is assumed that a license should also be recorded.

Representatives

The Minister of Agriculture may make orders in respect of persons entitled to represent applicants under the Plant Breeders’ Rights Law. In practice, patent attorneys and advocates represent applicants.