1 / 18

IP BASICS

IP BASICS. Plant Variety Protection. PLANT VARIETY PROTECTION. TWO MAIN INTELLECTUAL PROPERTY REGIMES PATENT RIGHTS SUI GENERIS SYSTEM (PLANT VARIETY LAW). PATENT. THE REQUIREMENTS FOR PATENTABLE INVENTION (PLANT VARIETY) New Inventive step Industrially applicable

india
Download Presentation

IP BASICS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. IP BASICS Plant Variety Protection

  2. PLANT VARIETY PROTECTION TWO MAIN INTELLECTUAL PROPERTY REGIMES PATENT RIGHTS SUI GENERIS SYSTEM (PLANT VARIETY LAW)

  3. PATENT THE REQUIREMENTS FOR PATENTABLE INVENTION (PLANT VARIETY) New Inventive step Industrially applicable EFFECT–EXCLUSIVE RIGHTS IN RESPECT OF PATENTED PLANT VARIETY

  4. PVP SYSTEM THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (THE UPOV CONVENTION) Basic legal system for the protection of plant varieties Provides a sui generis form of intellectual property protection Protection within the territory of each UPOV convention party the same treatment as is accorded by the laws of each party to its own nationals

  5. NEED FOR PROTECTION Encourage the development of new varieties of plants for the benefit of society Encourage innovation in the field of plant breeding Promote the progress of science

  6. GENERA AND SPECIES PROTECTED ALL PLANT GENERA AND SPECIES PLANT VARIETY 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

  7. CONDITION FOR PROTECTION NEW DISTINCT SUFFICIENTLY UNIFORM STABLE

  8. DUS GROWING TEST CULTIVATION OF CANDIDATE VARIETIES COMPARISON WITH SIMILAR EXISTING VARIETIES (REFERENCE VARIETIES) EVALUATION OF CHARACTERISTICS MORPHOLOGICAL (e.g. shize, shape, color) PHYSIOLOGICAL (e.g. tolerance to deseases)

  9. BREEDER The person who bred or discovered and developed a variety The employer of the breeder The successor in title of the breeder or employer of the breeder

  10. PROCEDURES AND COSTS An application The national PVP office Fees Examination Register Annual fee

  11. VARIETY DENOMINATION Different Not liable to mislead or cause confusion Enable to identify the variety Not liable to give offence Not liable to affect prior rights Not consisting of numbers only

  12. SCOPE OF PROTECTION THE FOLLOWING ACTS REQUIRE THE AUTHORISATION OF THE HOLDER OF THE RIGHTS Production or reproduction (multiplication) Conditionning for the purpose of propagation Offering for sale Selling or other marketing Exporting Importing Stocking for any of the purposes mentioned above

  13. EXCEPTIONS FROM PROTECTION BREEDER’S RIGHT DOES NOT EXTEND TO Acts done for private and noncommercial purposes Acts done for experimental purposes Acts done for the purpose of breeding other varieties (breeder’s exemption) FARMERS PRIVILEGE –farmers are authorised to use for propagating purposes in the field, on their own holdings, the product of the harvest of a variety which is covered by PVP COMPULSORY LICENCE permitted only for reasons of public interest; requires payment of equitable remuneration

  14. DURATION Registration is valid for limitedtime after which the plant variety pass into the public domain

  15. BREEDERS’ RIGHTS EXAMPLE APPLE (MALUS HYBRID) VARIETY: „NICOTER” CERTIFICATE No: 3505 TITLE HOLDER: BETTER3FRUIT n.v. APPLE – FRUIT OF „NICOTER” (left) WITH COMPARATOR „SCIFRESH” (right) SHOWING DIFFERENCES IN PATTERN OF OVER COLOUR Example from Australian Plant Breeders’ Rights Database, www.pbr.ipaustralia.plantbreeders.gov.au

  16. BREEDERS’ RIGHTS EXAMPLE EVERLASTING DAISY (BRACTEANTHA BRACTEATA) VARIETY: „OHB00-37.90” CERTIFICATE No: 3515 TITLE HOLDER: BONZA BOTANICALS Pty LIMITED EVERLASTING DAISY – LEAVES AND FLOWERS OF „OHB00-37.90” Example from Australian Plant Breeders’ Rights Database, www.pbr.ipaustralia.plantbreeders.gov.au

  17. BREEDERS’ RIGHTS EXAMPLE OATS (ARENA SATIVA) VARIETY: „GRAZA 51” CERTIFICATE No: 3403 TITLE HOLDER: AGRICULTURE AND AGRI-FOOD CANADA OATS – „GRAZA 51” (left) WITH COMPARATORS „NUGENE” AND „GRAZA 68” SHOWING DIFFERENCES IN BLADE WIDTH OF THE FLAG LEAF AND THE STERN WIDTH Example from Australian Plant Breeders’ Rights Database, www.pbr.ipaustralia.plantbreeders.gov.au

More Related