New Plant Varieties

– 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.