– Law on the Protection of New Plant Varieties and Animal Breeds, in force since January 5, 1997, with latest amendments as of December 8, 2023.
– Instructions for the drafting, filing and examination by the Patent Office of applications for issuing of certificates for new plant varieties and animal breeds (adopted by the President of the Patent Office on November 30, 2023).

– 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.

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 (accompanied by illustrative material);
3. Proposal for a variety name;
4. A completed technical questionnaire for the variety;
5. Certified priority document, if priority is claimed.

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 after the fourth month but 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.

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.

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.