Protecting the intellectual property in varieties of ornamental plants in the European Union
Plant varieties present specific challenges and opportunities as regards the industrial property regime which are addressed in the EU through a Plant Variety Rights Act. This Act is based on the 1991 Act of the UPOV Convention. The advantages of applying for plant variety rights as well as its costs are explained. The benefits are not limited to breeders but are also there for growers as well as for the society as a whole. Furthermore, it is described who is entitled to plant variety rights, under which conditions a right is granted and the scope of such rights including restrictions and exemptions. The paper also details keywords in the legislation with the aim to enable applicants for plant variety rights coming from EU countries and from outside to understand the legal procedure and the granting process. Finally, particularities in relation to ornamentals are pointed out.
Wegner, J. (2023). Protecting the intellectual property in varieties of ornamental plants in the European Union. Acta Hortic. 1368, 203-212
Community Plant Variety Office, plant variety rights, UPOV convention