Plant Varieties

“Variety ” means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder’s right are fully met, can be :

“Variety ” means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder’s right are fully met, can be :

  • defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,
  • distinguished from any other plant grouping by the expression of at least one of the said characteristics and
  • considered as a unit with regard to its suitability for being propagated unchanged

“Breeder” means :

  • the person who bred, or discovered and developed, a variety,
  • the person who is the employer of the aforementioned person or who has commissioned the latter’s work, where the laws of the relevant Contracting Party so provide, or
  • the successor in title of the first or second aforementioned person, as the case may be

The breeder’s right shall be granted where the variety is:

NEW : The variety shall be deemed to be new if, at the date of filing of the application for a breeder’s right, propagating or harvested material of the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety

  • in the territory of the Contracting Party in which the application has been filed earlier than one year before that date and
  • in a territory other than that of the Contracting Party in which the application has been filed earlier than four years or, in the case of trees or of vines, earlier than six years before the said date.

DISTINCT : The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application. In particular, the filing of an application for the granting of a breeder’s right or for the entering of another variety in an official register of varieties, in any country, shall be deemed to render that other variety a matter of common knowledge from the date of the application, provided that the application leads to the granting of a breeder’s right or to the entering of the said other variety in the official register of varieties, as the case may be.

UNIFORM : The variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics

STABLE : The variety shall be deemed to be stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

The following acts in respect of the propagating material of the protected variety shall require the authorization of the breeder:

  1. production or reproduction (multiplication),
  2. conditioning for the purpose of propagation,
  3. offering for sale,
  4. selling or other marketing,
  5. exporting,
  6. importing,
  7. stocking for any of the purposes mentioned in 1 to 6 above

The breeder may make his authorization subject to conditions and limitations.

Duration of the Breeder’s Right : The said period shall not be shorter than 20 years from the date of the grant of the breeder’s right. For trees and vines, the said period shall not be shorter than 25 years from the said date.

 

Source : upov.int

Community Plant Varieties

Varieties of all botanical genera and species, including, inter alia, hybrids between genera or species, may form the object of Community plant variety rights.

Variety is a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant variety right are fully met, can be:

  • defined by the expression of the characteristics that results from a given genotype or combination of genotypes,
  • distinguished from any other plant grouping by the expression of at least one of the said characteristics, and
  • considered as a unit with regard to its suitability for being propagated unchanged.

A plant grouping consists of entire plants or parts of plants as far as such parts are capable of producing entire plants, both referred to hereinafter as ‘variety constituents’.

A system of Community plant variety rights is hereby established as the sole and exclusive form of Community industrial property rights for plant varieties. Community plant variety rights shall have uniform effect within the territory of the Community and may not be granted, transferred or terminated in respect of the abovementioned territory otherwise than on a uniform basis.

Community plant variety rights shall be granted for varieties that are:

DISTINCT: A variety shall be deemed to be distinct if it is clearly distinguishable by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whoseexistence is a matter of common knowledge on the date of application

UNIFORM: A variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any others used for the variety description.

STABLE: A variety shall be deemed to be stable if the expression of the characteristics which are included in the examination for distinctness as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

NEW: A variety shall be deemed to be new if, at the date of application , variety constituents or harvested material of the variety have not been sold or otherwise disposed of to others, by or with the consent of the breeder , for purposes of exploitation of the variety:

(a) earlier than one year before the abovementioned date, within the territory of the Community;

(b) earlier than four years or, in the case of trees or of vines, earlier than six years before the said date, outside the territory of the Community.

The holder or holders of Community plant variety right can accomplish the following acts :

(a) production or reproduction (multiplication);

(b) conditioning for the purpose of propagation;

(c) offering for sale;

(d) selling or other marketing;

(e) exporting from the Community;

(f) importing to the Community;

(g) stocking for any of the purposes mentioned in (a) to (f).

Duration : The term of the Community plant variety right shall run until the end of the 25th calendar year or, in the case of varieties of vine and tree species, until the end of the 30th calendar year, following the year of grant

Source : cpvo.europa.eu