Breeding new plant varieties diversifies natural species and makes available plants and seeds which are better adapted to specific climatic conditions, more productive, or more nutritious or which have new aesthetic or other attributes. Breeders of new plant varieties are entitled to recognition for their efforts through registration – for a limited time – of an exclusive right similar to a patent, the plant breeder's right.
Registering new plant varieties in the countries of one's choice calls for taking special care in complying with quarantines and filing requirements and deadlines, supplying plant material for examination, selecting the variety's commercial name, and timing marketing releases. In some countries, like Spain, special marketing authorization is also required and is often subject to preliminary examination of the characteristics of commercial plant varieties. The advice and support of an expert are thus of great value with a view to being able to secure the desired protection and requisite marketing authorization.
ELZABURU has a team of experts in plant variety rights to advise, support, and represent clients in registering new plant varieties and defending our clients' rights in the courts.
- Securing protection in Spain.
- Registering the plant variety on the list of authorized commercial plant varieties in Spain.
- Securing unitary registration for all the Member States of the European Union (filing and prosecuting applications at the Community Plant Variety Office).
- Arranging for registration / marketing authorization in other countries around the world.
- Negotiating license agreements.
- Defending rights in the courts.
COAPI - Curso de preparación para el examen de agentes - Tema sobre variedades vegetales
ELZABURU associate partner Mª Rosa de la Colina gives a lecture about the protection of new plant varieties.
Infracción de obtenciones vegetales: naturaleza de la indemnización y criterios para su cálculo. Sentencia del Tribunal de Justicia de 9 de junio de 2016, Hansson (C-481/14)
Commentary of case C-481/14 about plant variety infringement
Plazo para cumplir con la obligación de pago de la remuneración justa al titular de una obtención vegetal. Sentencia del Tribunal de Justicia de 25 de junio de 2015, Saatgut (C-242/14)
Commentary of the Saatgut case about the payment of remuneration for use of a plant variety
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