New Plant Varieties
Legal Basis
– Protection of New Plant Varieties Act (2001-17), in force since August 6, 2001.
– Regulations 133/2001 and Order 134/2001.
Filing and Protection
Applicant: a person who breeds or discovers and develops a new variety of a genera and species of a plant specified on a Minister’s Order.
Foreigners and nationals not living in the country: must appoint a registered attorney-at-law as his agent.
Qualification conditions: the variety must be new, distinct, homogeneous and stable.
Examination: propagating material to be deposited with Chief Agricultural Officer; applicant pays all testing fees.
Priority: based on an earlier application in a contracting party for the same variety (TRIPS or bilateral contract).
Duration: vines, forest trees, ornamental trees and their rootstocks: twenty-five years from grant of the right; all other genera and species: twenty years.
Extension: not possible.
Annuities: payable from first anniversary of filing application.
Licensing: possible; must be in writing and registered at the Intellectual Property Office.
Compulsory license: possible, to safeguard the public interest; right holder will be remunerated.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney – no legalization;
2. If application made by a successor in title, proof of the successor’s title;
3. Technical questionnaire (prescribed form);
4. Propagating material;
5. Date of first commercial exploitation.