THE PROTECTION OF PLANT VARIETIES

WHAT ?

Flowers, plants, vegetables, fruits, fruit trees, seeds, bulbs, seedlings, cuttings, or any other plant variety regardless of whether they have been obtained by controlled selection or genetic engineering.

 

WHY ?

  • To have the exclusive right to use the protected plant variety in the concerned territory
  • To have the right to prohibit third parties from manufacturing, using, selling, offering for sale or holding your plant variety in the territory protected by the Plant Breeder’s Right (PBR)
  • To generate revenues through the granting of licences to third parties
  • To stimulate creativity within your company, to increase the value of the results of your Research and Development, to get confidence from investors and clients.

 

HOW ?

  • Recommended preliminary step: Examining freedom to practice
    Is the plant variety available or is it already owned by a third party in the concerned territory ?
  • First step: Examining the conditions necessary to get protection by the Breeder’s Right
    Does the plant variety fulfil the following conditions: novelty, distinctiveness, uniformity, stability and denomination ?
  • Second step: Deciding on a strategy
    If the plant variety is available, is it preferable to apply for a Belgian or for a Community Plant Breeder’s Right? When exactly during the innovation process, is it judicious to file an application for a Plant Breeder’s Right ?
  • Third step: Implementing the strategy
    Depending on what has been decided, filing the application before the corresponding official authorities and following-up until grant of the required right
  • Fourth step: Enforcing your rights
    Making sure the rights derived from the Plant Breeder’s Right are known and respected by third parties, and introducing court actions, if necessary

 

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WHAT CAN KIRKPATRICK DO ?

  • Carry out availability and use searches and analyse them
  • Advise you through the study of the conditions necessary to get protection by the Plant Breeder’s Right
  • Define together a protection strategy for your plant variety
  • Represent you through all procedures from filing an application to the grant of the Plant Breeder’s Right and its maintenance
  • Monitor your Plant Breeder’s Rights or those which have been filed by or granted to your competitors
  • Act on your behalf in cases of infringement (proceedings or negotiations)
  • Defend your interests in case of litigation or threat of adverse actions from your competitors
  • Draft and negotiate agreements (licensing, assignment, confidentiality, etc.) and take care of the registration procedures