CONDITIONS FOR THE GRANT OF THE PLANT BREEDER'S RIGHT
Plant Breeder's Right is granted - at the request of the breeder or the breeder's representative - if a variety:
The PBR is not granted if the variety has been applied for the protection or is protected by the Community Plant Variety Office (CPVO).
The breeder's representative may be a private person, a legal person or an organisational unit without legal personality, that has its domicile or registered seat within the territory of Poland, other Member States (EU) or Associated States (UPOV).
Acting via the representative is obligatory in case when the breeder has a domicile or seat in a country which is not a Member of EU or UPOV.
DURATION OF THE PLANT BREEDER'S RIGHT
The PBR protection is granted for:
- 30 years - for vine, trees and potato varieties
- 25 years - for varieties of remaining species
There is no possibility to prolong the PBR protection period.
SCOPE OF THE PLANT BREEDER'S RIGHT
Breeder's Right comprises the following acts in respect of propagating material of the protected variety:
- production or reproduction (multiplication)
- conditioning for the purpose of propagation
- offering for sale
- selling or other marketing
The PBR also covers:
- harvested material or products produced directly from that material, if the breeder had no possibility of exercising of his right to seed material of the protected variety;
- seed material of ornamental and fruit plants, if it is reused for commercial purposes as:
- reproduction material for the propagation of ornamental plants, or
- cut flower, or
- seed material of trees, shrubs and perennials;
- derived, discovered or developed from a protected initial variety which is not a derived variety,
- which are not clearly distinct from the protected variety,
- in case of which the production of seed material requires repeated use of the protected variety.
PROVISIONAL PLANT BREEDER'S RIGHT
A breeder who submitted an application for the grant of PBR shall enjoy a provisional PBR since the date of publication of information on that application in The Polish Gazette (Diariusz).
The provisional PBR expires on the date of entry into force of the decision on the grant or on the refusal of the grant of PBR.