New Plant Varieties

– The Law on Selection Achievements Protection, effective as of January 7, 2000, with amendments of November 4, 2003.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, as of March 2, 2024.

Filing

Applicant: selectioner.

Conditions for protection: the selection achievement must be novel, distinguishable, homogeneous, stable.

Priority: is established by the application filing date in Armenia.

Distinguishability: the selection achievement is considered distinguishable, if it is obviously different from the well-known selection achievement at the application filing moment.

Novelty: the variety is considered novel if the variety’s planting material has not been sold to other people or has not been transferred in another way earlier than four years, and for grape, fruit, ornamental and forest tree varieties earlier than six years.

Homogeneity: the selection achievement is considered homogeneous, if taken into account its propagating characteristics, this variety’s plants are homogeneous enough by their principal characteristics.

Stability: the selection achievement is considered stable, if its principal characteristics remain unchanged in case of multiple reproductions or reproduction special circle at the end of such a circle.

Filing requirements:
1. Application form;
2. Power of attorney, signed by director/president/CEO of the company and certified with the company seal/stamp (if available). If signed by another authorized person, his/her authority must be notarized;
3. Description of the variety.

Examination Procedure

A formal examination of the requirements for registration is carried out.

Publication: after the preliminary examination, the application is published in the Official Gazette of the Agricultural Ministry.

Opposition: any third party may file an objection against the novelty of selection achievement within six months after the application publication date.

Examination: the experiment of the selection achievement distinguishability, homogeneity and stability is carried out in accordance with rules established by the government. The applicant provides planting material for the experiment in the required quantity. Data of authorized bodies of foreign countries, having concluded the corresponding treaty with Armenia, as well as those of the applicant may be used as the experiment results.

Granting

Beginning of protection: with the registration, provisional protection starts when the variety is published.

Duration: up to the end of the twenty years following the grant.

Annual fees: the proprietor is to pay an annual fee for each year of the term of protection for the variety.

Voluntary licenses: possible.

Compulsory licenses: possible.

Use of the variety name: necessary.

Refusal of Protection after Registration

The protection for the variety may be declared null and void if it is found that the conditions of distinguishability, homogeneity and stability were not fulfilled when protection was granted to the variety.