NOVELTY CRITERION

  • A variety shall be deemed new if, at the date of application for the grant of an exclusive right its breeder has not sold or otherwise disposed of to others, for commercial purposes, of its propagating material or harvested material or has not given written consent to it:
    • within the territory of the Republic of Poland – earlier than one year before the abovementioned date;
    • in other states:
      • earlier than six years – in the case of trees or of vines,
      • earlier than four years – in the case of other varieties
    - before the date of application for the grant of an exclusive right.

  • A variety shall be also deemed to be new if the breeder at the date of application for the grant of an exclusive right:
    • has sold or otherwise disposed of to others:
      • variety propagating material to official bodies subordinated to or supervised by the minister competent for agriculture, which in the framework of their statutory activities, perform the variety examinations, or
      • parts of plants produced as a result of breeding, propagation, or experimental work, other than propagating material,
      • propagating material at an international exhibition organised in accordance with the Convention on International Exhibitions of 22 November 1928 (Journal of Laws of 1961 No 14, item 76 and of 1968 No 42, item 293);
    • has disposed of the propagating material to entities for the continuation of breeding or for performing examinations, or for experiments, provided that the propagating material produced from them shall remain the property of this breeder.
  • The components of a hybrid variety shall be deemed to be new if, at the date of application for the grant of an exclusive right, the hybrid propagating material produced thereof have not been sold by the breeder or otherwise disposed of to others for commercial purposes:
    • within the territory of the Republic of Poland – earlier than one year;
    • in other states – earlier than four years
    - before the date of application for the grant of an exclusive right.