PLANT BREEDERS' RIGHTS SYSTEM
NATIONAL AND COMMUNITY VARIETY RIGHTS
NATIONAL PROTECTION - COBORU
The Breeder's Right, granted by the director of COBORU, is
exercisable
exclusively on the territory of Poland - national PBR protection level.
Register of varieties protected by national Plant Breeders' Rights (PBR) is an
official list of protected varieties and their breeders as well as licensees who
were granted a compulsory licence.
The Breeder's Right refers to varieties of all plant genera and species.
COMMUNITY PROTECTION - CPVO (
www.cpvo.europa.eu)
Community plant variety right (CPVR) -
EU protection level - is granted by the
Community Plant Variety Office (CPVO), with headquarters in Angers in France.
A grant of Community plant variety right gives protection throughout the
European Union territory. The CPVR has a superior character to the national
protection right.
In cases where the breeder of the variety protected in Poland will be granted the Community plant variety right, the PBR granted in Poland will be suspended for the period, throughout which the breeder will enjoy the Community plant variety right, no longer than for the duration of the PBR in Poland. The national protection right will then be ineffective and will become a "sleeping right" for the duration of the Community right.
Varieties with suspended national protection are charged full the annual maintenance fee.
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IMPORTANT NOTICE: |
On surrender of the national Plant Breeder’s Right in Poland, the variety can still be protected
according to the European Plant Variety Protection regulation
(see: www.cpvo.europa.eu)
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