Dr. Joe Wyse, Patent Counsel
Dr. Eyal Bressler & Co.
Israel is a member of The International Union for the Protection of New Varieties of Plants or UPOV, and has ratified the revised Convention of 1991. The convention affords plant breeders IP protection for new varieties of plants.
The basic criteria required under UPOV for a variety to be granted plant breeders rights are the following:
a. The new plant must be novel and not have been marketed in the country where rights are applied for.
b. The new plant must be distinct from other available varieties.
c. The plants must display homogeneity.
d. There must be stability of the trait or traits unique to the new plant after repeated cycles of propagation.
In Israel, the Ministry of Agriculture has appointed a committee to oversee, recommend and consult on registration, procedures and regulations. The MOA has also established a Registrar and unit responsible for implementation and administration of the Registrar.
The duration of a Plant Breeder's Rights is 20 years. The period of grace wherein a variety can be deemed new in Israel is one year for all varieties. For varieties outside of Israel six years grace is granted for trees, and one year for other plants.
An application for registration of breeder’s rights must include the description of the variety and particulars and characteristics of the variety bred. Denomination of the variety must be included, and will not be accepted if it is already in the register of Plant Breeder's Rights, or is a registered Merchandise Mark.
Claim or claims specifying distinctness must be included in the application. The examiner may demand propagating material, and applications may be opposed and amended in several rounds.
Once the right is given, the breeder must authorize any actions taken in propagating the new variety, including selling and marketing, importing and exporting, keeping stock of, and reproducing. A licensing fee for any company interested in reproducing the variety for sale may be demanded.
The scope of breeder’s rights in Israel extends to varieties and derivations, harvested material including plants and plant parts. With the Ministers’ approval, products from the aforementioned may also come within the scope of protection.
Experimental use of propagating material for new variety for research, development, non-commercial acts and private acts do not require permission from the owner of the plant breeder’s right.
Finally, a declaration of non-infringement may be requested from the Registrar, which is given due consideration and examined on its merits.
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If you have any questions about this client advisory, you may contact your representative at Dr. Eyal Bressler & Co. at +972-3-5765555, or contact Dr. Smadar Bressler, COO, by email at smadar@bressler.co.il.
Disclaimer
The above does not constitute legal advice in any way. While we believe that the information presented is correct at the time of updating, we are not responsible for any consequences whatsoever arising from use of the information by others.
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