Plant Variety Protection

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Plant Variety Protection is exclusive right granted to the breeder of new plant variety to exploit that varirty,form of intellectual property right.

UPOV

Activities dealing Plant Variety Protection are united by UPOV (The International Union for the Protection of New Varieties of Plants). UPOV is international organisation with headquarter in Geneva, Switzerland, established on the basis of UPOV Convention, that has been signed in Paris 1961, and entered into force in 1968. Convention was amended in Geneva 1972,1978 and 1991. Document from 1978 entered into force on 8th of November 1981, and document from 1991 on 24th of April 1998.

Main purpose of UPOV Convention is insurance and promotion of efficacious plant variety protection system with public general benefit. To be protected variety must be new, distinct from existing commonly known varieties, uniform, stable and acceptably denominated.

Plant Breeders' Rights are granted for limited period of time and in the case of misuse they are subjects of control.

Membership in UPOV means that Member State wants to protect breeder on the basic of internationally accepted principles. That gives possibility to national and foreign breeders to protect their varieties, and enable breeders' initiative to invest in plant breeding and seed production. By membership in UPOV member country has opportunity to use advantages, which results from common experiences of member countries, and give own contribution to international development of plant breeding.

UPOV activities are promotion of international harmonisation and co-operation between member states, helping other countries when introducing new legislation dealing plant variety protection. UPOV Convention defines basic facts of plant variety protection, which must become part of member countries national laws.

UPOV has determined basic principles for performing test for testing plant varieties on distinctness, uniformity and stability (DUS-testing), and also made individual guidelines for about 200 genus and species. Those documents are also possible to be used for plant variety registration and seed certification.

The most intensive co-operation between countries, members of UPOV is connected to DUS-testing of plant varieties. Member State can accept results of other member country as a basis for granting the breeders' rights, which decrease protection costs.

 

 

Croatia and UPOV

Plant Variety Protection Law (NN 131/1997), defines the way and procedure of plant variety protection, procedure for granting the breeders' rights and protection of breeders' rights.

Because mentioned law hasn't been in conformity with UPOV Convention, after consulting UPOV office, new Law on amendments to Plant Variety Protection Law was approved (NN 62/2000).

By approving The Decree on joining International Convention for the Protection of New Varieties of Plants (NN, international contrats 1/2001), Croatia was close to become full member of UPOV

In May 2001, all sublegal Acts was harmonised with UPOV Convention from 1991. Croatia has fulfilled conditions for deposition of Instrument of accession to the UPOV Convention. On 1st of August, 2001 Croatia deposited the Instrument of accession to the 1991 Act of the UPOV Convention, and one month later, on September the 1st Croatia became full member of UPOV.

By changing the legislation and with all the activities that were taken connected to Plant Variety Protection from 1999 to 2001, it was enabled to implement Plant Variety Protection System, based on principles of UPOV Convention, into Croatia.

In the nearest future, most countries in the world will have Plant Variety Protection System, based on 1991 Act of the UPOV Convention that will expand Plant Variety Protection on harvested material and genetic similar variety or derived varieties..

Crops included in the Protection Scheme in Croatia

Together with deposition of the Instrument of accession, Croatia had to deposit declaration on species, which are included in the Protection Scheme (in initial phase at least 15 species).

Agricultural plants in the Protection Scheme are following:

Woody crops:

Plant Variety Protection Procedure in Republic of Croatia

According to Plant Variety Protection Law (NN 131/1997 i 62/2000), Institute for Seed and Seedlings performs plant variety protection.

Procedure for granting Plant Breeders' Right is initiated by the submission of Application for the grant of Plant Breeders' Right in Republic of Croatia ( 116 KB).

Regulations on Plant Variety Protection

Regulation on registration in the Register on performing the Plant Variety Protection (NN 63/2001)

Regulation on the procedure for determine the distinctness, uniformity and stability (DUS) of plant varieties in order to grant Breeders' Right (NN 63/2001)

Regulation on amount of costs relating to the grant of Plant Breeders' Right and duration of those rights (NN 63/2001)

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