– Law on the Breeder’s Rights, in force since April 29, 2009.

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since May 4, 2011.

Applicant: natural persons or legal entities.

Foreigners: a citizen or resident of a UPOV country has the same rights as a Macedonian citizen. Non-residents must appoint a representative.

Conditions for protection: a new plant variety must be new, distinct, uniform, stable and marked by a name.

Novelty: the variety shall be deemed to be new if, at the date of filing the application for a breeder’s right, propagating or harvested material of the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety earlier than one year before the date of filing the application in the territory of the Republic of North Macedonia, earlier than four years in a territory other than that of the Republic of North Macedonia or in the case of trees or of vines, earlier than six years before the said date before issuing the application.

Distinctiveness: the variety shall be deemed distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing the application.

Uniformity: the variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.

Stability: the variety shall be deemed to be stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

Priority: may be claimed within twelve months.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. Name and address of the applicant;
3. A proposal of the denomination of the variety or temporary designation of the variety;
4. The State in which the application has already been filed, including the filing date in that State if priority right is claimed in the application;
5. A technical description of the variety, which can be enclosed in the application.

In the course of the examination, the Seed and Seedlings Directorate (Ministry of Agriculture) may grow the variety or carry out other necessary tests, cause the growing of the variety or the carrying out of other necessary tests, or take into account the results of growing tests or other trials which have already been carried out. For the purposes of examination, the Seed and Seedlings Directorate may require the breeder to furnish all the necessary information, documents or material.

On the basis of the completed examination results concerning the application, the Minister for Agriculture, Forestry and Water Economy issues a decision for granting or rejecting breeding rights.

Duration: twenty years as of the grant of the plant variety protection, and twenty-five years following the year of grant of the variety protection for vines and tree species.

Annuities: for granted breeders’ rights, the holder of the right is obliged to pay an annual fee for keeping the right in force.

Nullification: a breeder’s right is declared null and void if it is established that the application of variety is not new, distinct, uniform, stable, or where the breeder’s right has been granted to a person who is not entitled to it unless it is transferred to the person who is so entitled.