Plant breeders / Variety rights
New plant varieties are the most important key successful factor in the market of modern agriculture. Thanks to Plant Breeders Rights it is possible for breeders (in most cases public research institutions) to capitalize the important investments in order to select new varieties (from both ornamental and fruit species), i.e. those having clear; stable and distinctive characters.
PBRs are recognized by international, community and national legislation as one of the registered Intellectual Property Rights, and as such they also enjoy customs border protection. Even if they share apparent similarities with traditional IPRs (varietal denominations/trademarks; novelty issues/patents), PBR are subject to a particular and specific legal framework.
The management of PBRs, often exploited at an international scale, is extremely important and demanding in terms of legal assessment and clear-cut licensing agreements. It involves a number of critical issues as:
- territorial protection;
- varietal denomination vs. trademark management;
- illegal multiplication of plants;
On June 29, 2005, European Union ratified the UPOV Convention for the protection of plant breeder rights, instituting in Angers, France the Community Plant Variety Office, providing functions similar to those served by OHIM with regard to Communty Trademarks.
WebLegal and the White List Team provides primary international breeders with a wide range of services including (i) filing and prosecution (including opposition/nullity actions) of PBRs; (ii) commercial and legal advice on international licensing; (iii) customs enforcement strategy and services.
WebLegal participates in international meetings and symposium on PBR issues.