Breeder's Right:
Breeder's Right falls legally under the intellectual properties. Which means, you can be owner of a new
variety (i.e. to an invention which fall under the patent law).
Plants which are protected may not be bred, grown or sold without the permission of the owner.
Till several years ago, it was necessary to apply at the national authority for the breeder's right in every
country where the new varieties were to be protected. The 1991 UPOV-treaty and the system of communal
Breeder's Right from 1995 based thereon, made this come to a fortunate end. It is now possible to obtain the
breeder's right for all the countries of the E.E.G.
It's possible to apply for the Breeder's Right for only one country but that is decreasing use.
For countries like Japan and the United States of America the breeder's right must be obtained at the
authorities there.
Procedure:
You have to authorize New Variety for the appliance of the breeder's right. You will be the owner of the
breeder's right yourself. If applied, you will be charged by the Breeder's Right Office for the one-time-only
costs for the appliance. When the investigation commences (in the autumn or the spring) you will be
charged for the (mostly one-time-only) investigation rights.
The annual right (for maintaining the breeder's right) has to be paid only after the breeder's right is conferred.