New Plant Varieties
Membership in International Convention: OAPI is a member of UPOV (1991 Act) since July 10, 2014.
Applicant: any individual or corporate body (national or foreigner). The creator must be cited.
Non-resident: must appoint an agent in OAPI.
Conditions of protection: registration is compulsory to claim rights.
Patentability: a registrable plant variety must be new, different, homogeneous, stable and have an acceptable name.
Novelty: the plant variety is not novel if there has been commercial marketing for over one year in OAPI or over four years in any other country.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. The name of the plant;
3. Sufficient specification of the variety;
4. Priority claim (if applicable).
Examination: there is a complete examination by OAPI to check if all formal and technical requirements are complied with.
Publication: the application is published in the Official Bulletin, in view of observations from third parties.
Observations from third parties: any person having an interest, has the right to formulate observations within a delay of six months from publication.
Duration: twenty-five years from grant.
Annuities: annual fees are due from the first year after grant before the anniversary date of grant. Grace period: six months from the due date.
Scope of protection: certificate of plant variety confers to its owner an exclusive right to produce, to introduce, to sell or to offer for sale all or part of the plant, and all elements for reproduction of the variety.