– Legal Protection of Plant Varieties of June 26, 2003, as amended.
– Decrees of the Minister for Agriculture and Rural Development, with regard to the Amendments to the Seed Industry Law, issued in 2003 and 2004.

– International Convention for the Protection of New Varieties of Plants (UPOV), since November 11, 1989, 1991 Act since August 15, 2003.

Applicant: breeder or his authorized representative.

Foreign applicant: has to appoint a local agent who may be a private person, a legal person or an organizational unit without legal personality, that has its domicile or seat within the territory of Poland or other EU member States.

Definition: a variety means a population of plants within a single botanical taxon of the lowest known rank, which (a) can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) can be distinguished from any other plant population, by the expression of at least one of the said characteristics; (c) remains unchanged after propagation or at the end of the relevant cycle of propagation or crosses.

Conditions of protection: the variety must be distinguishable, homogeneous and stable. It should meet the novelty criterion, according to Article 6 of the UPOV Convention (1991 Act), and be denoted by the proper denomination according to the regulations.

Distinctiveness: a variety must be distinguishable from other known varieties.

Kinds of plants protectable: varieties of all genera and species may be protected.

Filing requirements for an application (to be sent to resident agent):
1. Application form signed by the breeder or his representative;
2. Power of attorney;
3. Botanical description of the variety, and suitable denomination;
4. If priority is claimed, a copy of application documents confirmed by the Plant Breeders’ Rights Office where the first application was submitted;
5. Copy of bank receipt of application fee remittance.

The variety is examined in the range of formal requirements in the Plant Breeders’ Rights Office of the Research Centre for Cultivar Testing (COBORU). If the variety meets the requirements, a decision on grant of provisional Plant Breeders’ Right protection is taken and the variety is accepted for DUS testing (distinctiveness, uniformity and stability). An applicant is obliged to deliver the plant material for testing and remit examination fees. DUS testing examinations are carried out mostly in COBORU’s network of experimental centers. There are also bilateral agreements on the reciprocal services of DUS testing with other countries. The breeder or his representative is entitled to inspect DUS testing of his varieties. After completion of DUS testing, a final report is prepared and if the variety meets DUS criteria, the official botanical description of the variety is made.

Decision: if the variety meets DUS criteria and all formal requirements as well, a decision on grant of PBR protection is taken. According to the law, decisions concerning PBR protection are taken by a Director of COBORU, as an Agency of the State administration.

Appeal: as for the decisions referred to PBR protection, an appeal may be lodged to the Minister for Agriculture and Rural Development and in the second instance to the Supreme Administrative Court.

Duration of protection: valid from the day of its grant and for thirty years with respect to varieties of vine, trees and potatoes, or for twenty-five years with respect to varieties of other species and genus.

Fees: single fee for grant of PBR protection and annual fee for the maintenance of PBR.

Scope of the Breeder’s Right: it comprises following acts in respect of propagating material of the protected variety: production or reproduction (multiplication), conditioning for the purpose of propagation, offering for sale, selling or other marketing, exporting, importing, stocking.

Official Publications: all events concerning PBR protection, inter alia, applications, withdrawal of applications, variety denominations, decisions concerning the grant of PBR protection, appeals from the decisions, assignments of the rights to the variety, are published every two months in the Polish Gazette for Plant Breeders’ Rights and National List.

Compulsory license: may be granted, in justified cases determined by the law, by the Minister of Agriculture and Rural Development. The compulsory license is non-exclusive and does not limit the breeder to grant other licenses.

Invalidity of protection: if the variety was not distinct or was not new on the date of granting protection or the protection was granted to a non-entitled person.

Cancellation: in the cases of the variety having lost its uniformity and stability or the breeder being in arrears with the payment of annual fees for more than six months.

License agreement: license for maintenance breeding takes effect, with respect to third parties, from the date of its entry into the Register of Protection.

Office: Research Centre for Cultivar Testing (COBORU), 63-022 Stupia Wielka, Poland, fax (+48-61) 285 3558, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Agents: a breeder must be represented by an agent in the case of foreign variety.