New Plant Varieties

– Plant Variety Rights Act, in force since June 1, 2005. Amendments effected in 2006, 2008, 2009, 2010, 2007, 2011, 2012, 2013, 2014, 2015, 2017, 2019, 2020 and 2023.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since September 24, 2000.

Filing

Applicant: a natural person or a legal person who is the breeder or owner of the variety. If a breeder and owner of a variety are not the same person, the owner of the variety has the right to apply. 

Foreigners: must submit an application through a representative who must either be an Estonian citizen who holds a permanent residence permit in Estonia or a legal person registered in Estonia. 

Conditions for protection: for a plant variety right to be granted, the variety must be new, distinct, uniform, stable and have a suitable denomination.

Novelty: the variety must not have been sold or otherwise disposed of to others by or with the consent of the owner on the date of filing the application for the plant variety right for longer than one year in Estonia and four years in another state (for trees and grapevines, for longer than six years).

Filing Office: Estonian Plant Production Inspectorate in Viljandi, under the authority of the Ministry of Agriculture. 

Territory covered: Estonia.

Filing requirements:
1. Application form (2 copies);
2. Documents proving ownership;
3. Technical specification;
4. Photos (only for decorative and fruit varieties);
5. Documents proving priority, if priority is claimed.

Note: applications and documents submitted must be in Estonian or English, or accompanied by a translation.

Examination

The preliminary processing of an application is carried out by the Registrar within one month after registration of the application, and involves the determination of priority and examination of the submitted documents. The Registrar may ask the applicant to submit further documents, and these must be submitted to the Registrar within one month after the receipt of such a request or else the application may be denied. Following the preliminary examination, the Registrar determines whether the variety is new and if the person applying for the plant variety right is so entitled. Thereafter, the variety undergoes a State technical examination, which is organized by the Plant Production Inspectorate, State agencies or legal persons authorized by the Ministry of Agriculture.

Opposition: any interested person may file an objection to an application for a plant variety right within six months after the publication of the application.

Granting, Modification after Granting

Granting: if the variety meets the requirements, the Registrar shall enter the decision in the plant variety rights register and notify the applicant of the grant in writing. 

Duration: twenty-five years after the date of the grant (thirty years for trees and grapevines).

Extension: before the expiry of the term, the holder of a plant variety right may submit a written application to the Registrar to extend the term by up to five years. 

Annuities: payable; before the end of the previous year.

Assignment: provided for; must be registered and entered into the plant variety rights register. 

Licenses: provided for; must be presented in the written form and entered into the plant variety rights register.

Compulsory licenses: possible.

Cancellation of a plant variety right: on failure of the holder of a plant variety right to take sufficient measures for securing the continuance of the plant variety or by failing to pay the due annuity. 

Nullification: either on the Registrar’s own initiative or on the basis of an application of an interested person.