New Plant Varieties

– Law on Protection of New Plant Varieties and Animal Breeds of 1996, with latest amendments of December 13, 2019.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since April 24, 1998.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 29, 2001.
– WTO’s TRIPS Agreement, since December 1, 1996.

Filing

Applicant: the breeder or his assignee. 

Foreigners: they must be citizens of a UPOV country or of a country, which grants reciprocity. 

Foreign applicants: must appoint a local representative. 

Conditions for protection: the plant variety must be new, distinguishable, homogeneous and stable and must be described by a registered variety name.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. Description of the variety;
3. Proposal for a variety name;
4. Certified priority document, if priority is claimed.

Examination

Examination: concerning all formal and material requirements.

Publication: after the application has been accepted, it is published in the Official Bulletin of the Patent Office not later than six months after the filing date. 

Opposition: not provided for.

Examination procedure: within one month after the formal examination, the Patent Office presents the application at the State Plant Variety Commission for the material examination. The material examination takes two to four years. This term can be extended by request of the applicant. The Patent Office issues a certificate on the basis of the report of the State Plant Variety Commission for recordal of the variety in the Plant Variety Register within a three-month term from the notification, in case the issuing and publication fees are paid. Publication of issuance of a certificate for plant variety is made in the Official Bulletin of the Patent Office. The certificate is recorded in the Register of certificates for plant varieties at the Patent Office.

Appeal: an appeal against the decision for refusal can be lodged at the Department for Disputes of the Patent Office within three months from the date of receipt of the decision for refusal. The decision of the Department for Disputes can be appealed before the Administrative Court.

Granting

Beginning of protection: from the date of issuing the certificate. An interim protection is provided for from the date of publication for the application until issuance of the certificate. 

Duration: thirty years for varieties of trees and vines and twenty-five years for all other plant varieties.

Annual fees: are to be paid not later than the end of the month in which each year of protection terminates, the beginning of the year being calculated from the date of issuing the certificate.

Voluntary license: possible; to be recorded at the Patent Office.

Compulsory license: possible, against fair and reasonable compensation.

Refusal of Protection after Registration

Nullification: the effect of the certificate is terminated in case the proprietor is not able to present at the State Plant Variety Commission within a one- or two-year term (depending on the variety) from the date of notification of the request, authentic material for reproduction of the variety. The certificate is declared null and void if it is found that it is issued in violation with the material requirements of the law.