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English > Plant variety > Granting the Breeder's Right

Granting the Breeder's Right

 

Breeders’ Right means that no other person shall turn a variety into a source of income without a permit (licence contract) from an owner of the breeder’s right: produce, propagate, offer for sale, sell or carry out other type of marketing, export or import. Owner of the breeder’s right shall have the right to receive equitable remuneration for the use of the variety seed material.
 
Since 31 May 2002, the new „Plant Varieties Protection Law” is in force. Hereby, the law adopted in 1993 „On Plant variety Protection” is considered repealed.
 
The new law has been drafted in accordance with requirements of International Union for the Protection of New Varieties of Plants (hereinafter UPOV). The said requirements prescribe that the variety should be:
  • novel – it must not be commercially used in Latvia for more than one year,
  • distinct, uniform and stable (hereinafter DUS),
  • denomination should be compliant with UPOV international nomenclature of cultivated plants.
  •  Plant Variety Protection Law is applicable to varieties of all plant genera and species (including hybrids). Its objectives are:
  • prescribe the granting procedure of the plant breeders’ right,
  • secure the protection of the breeder’s right.

To apply for the plant varieties rights in respect of any variety, the applicant must submit to SPPS the following documents:

  • application;
  • description of the variety compiled on the basis of DUS test (in case, the variety is under testing, the technical for of the description should be submitted);
  • popular description of variety;
  • a copy of a payment document of the payment made for the submission of the application;
  • authorisation, in case the applicant is not the breeder;
  • a copy of the registered application certifying the priority date if a convention priority has been requested;
  • a copy of the first certificate granting the breeder’s right , if the breeder’s right is under protection in other countries.
The registered applications are published in the official Gazette of the Government of Latvia „Latvijas Vēstnesis” and, in case, within three months of the date of publication, no objections have been received and all the required documents have been submitted, the UPOV is informed. Subsequently, commission set up by SPPS adopts decision on granting the breeder’s right and conformity of denomination of the variety, which is notified to the applicant within 10 days. Upon receiving the receipt or copy thereof certifying payment, the Commission issues certificate regarding the granting of the breeder’s right.
 
Subsequently, the variety is listed into The Latvian State Register of Protected Plant Varieties.
 
An owner of breeder’s right or an authorised representative shall pay a State fee for the protection of the breeder’s right in accordance with the procedures and in the amount specified by the Cabinet.
 
The State Plant Protection Service shall summarise and publish the following information: granting of protection; new denominations and applications for the breeder’s right, loss of effect or cancellation of the breeder’s right, etc, in the SPPS edition „Latvian Plant Variety Bulletin” which is sent out to all UPOV and EU Member States. Persons interested may obtain it in Plant Variety Testing Department of SPPS or consult it on the website of the Service.
  
Changes in the Field of Granting the Breeder’s Right after 1 May 2004
 
After accession to the EU, Latvian plant breeders are able to apply for the breeder’s right within the territory of Community pursuant to Regulation (EC) No.2100/94. The enforcement of this Regulation in co-operation with Community Plant Variety Office – CPVO is performed by SPPS.
 
Unlike the Plant Variety Protection Law, the Regulation foresees that outside Latvia a variety shall be deemed to be new if, more than one year before date of registering application for granting of the breeder’s right within the territory of Community, variety constituents or harvested material of the variety have not been sold or otherwise disposed of to others, by or with the consent of the breeder.    The term of the commercial use of the variety outside territory of Community provided for by the Regulation is the same as the one foreseen by Plant Protection Law outside territory of Latvia. Namely, before registration of the application (for granting of the national breeder’s right) the variety can be commercially used:
  • in the case of varieties of vine and tree species less than 6 years;
  • in case of other varieties, four years.
For all plant varieties in respect of which CPVO (Community Plant Variety Office) has granted EU common protection, it will be automatically extended also to Latvia. Consequently, the Latvian farmers will be allowed to make use of these varieties only subject to permissions from owners of the breeder’s right of the protected varieties. The varieties of Latvian breeder’s having been granted breeder’s right in the territory of Community, in their turn, will be protected in all Member States.
 
 As from accession, it is permitted in Latvia to certify and propagate seed material of all varieties, included in the common EU variety catalogues of agricultural crop and vegetable species.
 
By the same token, varieties bred in Latvia and listed in the Latvian Plant Variety Catalogue in compliance with EU requirements, are listed also in the EU common catalogue. That creates opportunities for Latvian breeders to certify, propagate and sell seed material of their varieties in all EU Member States.