The dynamic growth of technology and ever changing climate and demographic conditions are just a few factors which have led to a growing demand for new varieties of plants that produce higher yields, provide high-quality resistance to pests and disease, and increase production efficiency. For this reason, exclusive rights for new varieties of plants play a key role in modern-day agriculture, horticulture, and forestry.
New varieties of plants which are characterized by their distinctness, homogeneity, and stability may be protected by countrywide or EU-wide exclusive rights, which gives their breeders a temporary monopoly and additional profits from licensing such rights.
We provide comprehensive services related to seeking exclusive rights for new plant varieties, their maintenance and protection, as well as commercialization. We participate in many prestigious events related to this unique specialization (IP protection on plant innovation in Amsterdam, the international Green is Life exhibition) and we publish articles in agricultural journals. The involvement and experience of our experts are qualities that are highly valued by clients applying for exclusive rights for new plant varieties in their marketing strategies.
- carrying out due diligence of new plant varieties registered in the Polish and EU systems and examining the registrability of a suggested variety name
- drawing up applications for registration of the variety in the Polish Research Centre for Cultivar Testing (COBORU) and the EU’s Community Plant Variety Office (CPVO), and conducting proceedings before those offices
- drawing up documents, such as applications, statements, oppositions, or appeals in proceedings regarding exclusive rights to plant varieties, conducted in Poland (COBORU) and the EU (CPVO)
- adhering to the schedule of official fee payments
- paying fees for granting and renewing exclusive rights to plant varieties
- making necessary amendments in official registers
- representing clients in the process or applying for entry into the Polish plant variety register or the EU’s Community Catalogue in order to obtain official consent for bringing the seed to the market
- preparing warning letters in cases of infringement of exclusive rights to protected plant varieties
- conducting mediation and negotiation proceedings for amicable settlements of disputes regarding protected plant varieties
- conducting court proceedings regarding infringement of exclusive rights to protected plant varieties
- drawing up legal opinions on the legal aspects of plant variety protection and preparing contracts to license and assign exclusive rights to protected plant varieties
- consulting and assistance in obtaining WIPO Proof