New Plant Varieties

– Law No. 202/2009 of April 29, 2009, on the Legal Protection of Plant Varieties, in force since June 1, 2009.
– Council Regulation (EC) No. 2100/94 as amended by Council Regulation No. 2506/95 on Community Plant Variety Rights.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act, since January 1, 1993, and 1991 Act, since June 12, 2009.

Filing

Definition: the law applies to all botanical genera and species, including, inter alia, hybrids between genera or species. Originator shall mean a physical person who created or discovered a variety through his own creative work. A variety must be (a) distinct; (b) uniform; (c) stable; (d) new; and (e) designated by a suitable term.

Filing Office: the application for the Breeder’s Certificate shall be filed with the Ministry of Agriculture. 

Publication: in the Bulletin of the Ministry. 

Objections: within three months from the publication.

Examination

Examination: the Ministry shall decide on the granting of the Breeder’s Certificate on the grounds of the opinion of the competent Central Controlling and Testing Institute in Agriculture.

Protection

The decision on the granting of the Breeder’s Certificate shall be entered in the Register of Protected Varieties. 

Duration: the Breeder’s Certificate rights shall run until the end of the 25th calendar year or, in the case of varieties of vine and tree species, until the end of the 30th calendar year, following the year of grant.

Modification of Protection after Registration

Termination of validity: (1) if the term of validity has elapsed; (2) if the owner of the Certificate has failed to pay in due course the administrative fee; (3) if the owner renounces the Certificate; (4) if the Certificate is annulled. 

Settlement of disputes: civil courts are competent to resolve disputes.

Compulsory licenses: possible.

Assignment: possible through a written agreement. The agreement shall come into force on the day of its entry in the Register of Protected Varieties.