If you are engaged in the creation of new varieties of plants, to verify your authorship and the protection of the rights to a new sort you have created, it is appropriate to register and obtain a patent for plant varieties. This way you will protect yourself from illegal encroachments on your rights as a creator of new varieties of plants.
Variants of classes, for which can be acquired rights, are a clone, line, hybrid of the first generation, population.
The relations arising in connection with obtaining and using property rights to plant varieties are governed by the Law of Ukraine “On protection of plant variety rights” from 21.04.1993, N 3116, with amendments.
An application for plant variety is submitted to the facility, working in the field of protection of plant variety rights.
Authors are given a certificate about the authorship of the variety, and the applicants (owners) are issued a patent.
The authorship rights have indefinite validity period.
The validity term of a patent begins with the date of registration and ends on the last day: of 35th year for crop varieties of trees, shrubs and vines, the 30th year for all other varieties. Years start counting from the year following the year of registration of the variety.
The variety is protectable if it is new and meets the conditions of distinctness, uniformity and stability.
The patent owner has the exclusive right to its use, and transfer of this right to another person under a contract of transfer of ownership or under license.
Patent Attorneys of our firm will perform the full range of work needed to obtain a patent and to maintain its validity, including the following:
- registration and submission of an application;
- legal support of an application for its consideration;
- obtaining certificate of authorship and patent, patent maintenance;
- preparation and registration of rights transfer agreements, license agreements, etc.