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Questions and Answers

           Questions and Answers

What is a plant variety?

What the necessity of breeding new plant varieties is due to?

Why does the Law for Protection of the New Varieties of Plants belong to intellectual property?

What is UPOV?

Who may be deemed to be a breeder?

What is the new plant variety protectability criterion?

How is novelty determined?

According to what the criteria of "distinctness”, "uniformity” and "stability” are established?

 

 

What is a plant variety?

A plant variety is an organism defined by genetic peculiarity, which under certain soil and climatic conditions demonstrates its characteristic features, manifested in the quantity and quality of the obtained output.

 

What the necessity of breeding new plant varieties is due to?

The necessity of breeding a new plant variety is due to that of improvement of the quantitative and qualitative characteristics of the received harvest, which is achieved by breeding activity.

Breeding is conducted by the selection of the best plants having the useful features, retained in the generation, and their propagation for the purpose of obtaining a new plant variety, which will fully meet the set requirements and at the same time, as compared with the existing varieties, will be new, distinct, uniform and stable in the generation.

 

Why does the Law for Protection of the New Varieties of Plants belong to intellectual property?

The process of breeding, or discovering and development of a new plant variety is a purposeful creative activity and the result of such labour represents subject-matter of intellectual property, which needs legal protection, so that by means of marketing the propagation material of the new plant variety the breeder could receive reimbursement of the done work and incurred material expenses, as well as certain profit as a reward for the achieved success.

In Georgia freedom of intellectual creation is ensured and the intellectual property rights are indefeasible under Article 23 of the Constitution of Georgia, and in accordance with Article 1101 of the Civil Code of Georgia, the exclusive right in plant varieties and animal breeds is protected by granting a certificate.

Legal protection of a new plant variety is realized by granting an exclusive right to the breeder, the conditions of which are set by relevant legislation.


What is UPOV?

The intensification of international trade in phytogenous products and in this connection the necessity of unification in different countries of requirements of obtaining new varieties breeders’ exclusive rights and conditions of protection of these rights led to the adoption of the International Convention for the Protection of New Varieties of Plants by interested countries, which was signed in Paris in 1961 (entered into force in 1968, was revised in Geneva in 1972, 1978 and 1991).

According to the UPOV Convention, a union is founded, with its headquarters in Geneva, whose activity is mainly directed at the harmonization of requirements of legislations existing in different countries in the sphere of protection of new plant varieties and rendering methodological and technical assistance for this purpose.

The International Convention for the Protection of New Varieties of Plants was ratified by the Resolution of the Parliament of Georgia №2079-II of November 11, 2005.


Who may be deemed to be a breeder?

A breeder is the person who discovered and developed, or bred a new plant variety, the employer or the successor in title of that person.

The duration of a breeder's exclusive right in the use of a new plant variety is 25 years from the day of its registration, and 30 years for perennial crops.

             
           What is the new plant variety protectability criterion?

The protectability criteria of a new plant variety are novelty, distinctness, uniformity, and stability.


How is novelty determined?

A plant variety shall be deemed to be new if, at the date of filing of the application, propagating material of this variety has not been sold and/or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety in the territory of Georgia earlier than 1 year; in the territory of other country, earlier than 4 years before filing the application with Sakpatenti; and in case of trees, earlier than 6 years.

Some exceptions are permitted by the Law, when a variety no longer has novelty but there is a basis for granting a breeder’s right.


According to what the criteria of "distinctness”, "uniformity” and "stability” are established?

Testing of a plant variety for distinctness, uniformity and stability shall be performed on the basis of results of examination of the variety during two vegetations, mainly in accordance with UPOV requirements, by a person having relevant accreditation in Georgia.

Under the Law, methodology of testing each crop, for varieties assigned to which an application will be filed for the registration of a new plant variety, shall be approved in the form of subordinate legislation, to be approved by the Ministry of Agriculture of Georgia.

This methodology is compulsory for a person filing an application with the National Centre of Accreditation of Georgia for testing of varieties assigned to one or another culture or group of crops for distinctness, uniformity and stability, however, under the legislation, cases are envisaged when such testing may be carried out or was already carried out in another member country of UPOV.


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