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IP Topics & ArticlesReview on Plant Breeders’ Rights Report for 2019


Plant Breeders' Rights (PBR), also known as Plant Variety Rights (PVR), are rights used to protect new varieties of plants that are distinct, uniform and stable. 

It is really important to register the varieties by PBR applications in Turkey to hold the following rights on the right owners:

• To produce or reproduce of the variety.
• To prepare the variety for reproduction purposes.
• To supply the variety for sale.
• Selling or launching the variety in other ways.
• Exporting or importing the variety.
• To store the variety.
 
General Directorate of Crop Production and Development (BUGEM) that is entrusted with the operation of PBR in Turkey has recently been published the Plant Breeders’ Rights Report for 2019.

According to the PBR Report, last year (in 2019) 208 PBR applications have been filed and numbers of PBR applications filed in Turkey can be seen on following table since 2004 (the effectiveness year of Turkish PBR Law No: 5042).

PBR applications filed between 2004-2019

Year

Application

Grant

2004

26

0

2005

120

31

2006

54

17

2007

56

22

2008

45

23

2009

71

54

2010

76

72

2011

115

90

2012

119

87

2013

215

82

2014

202

119

2015

229

123

2016

194

187

2017

217

194

2018

267

226

2019

208

140

TOTAL

2144

1467



Considering the general increase in PBR applications especially as from 2013 it can be said that awareness on the protection of PBR is being increasing year by year.

It is a very common perception that by registering the varieties into National Varieties List in Turkey gives all the rights to the right owners on the new varieties. However, registration procedure is not an IP right and it is made for recording seed production and trade. Anyone can produce and market the registered variety without any restrictions by this way. On the other hand, by only taking advantage of PBR application in Turkey, the right owners can prevent any other party to produce and market their new variety and also they will have a chance to avoid any infringement actions on the variety. Preventing this common idea will also help to increase the number of PBR applications in the future.

The other important point which is expected to increase the number of PBR applications in Turkey is that completion of 10th year of UPOV (International Union for the Protection of New Varieties Plants) Convention in 2018. After Turkey has completed 10th year in UPOV membership, in accordance with UPOV Convention all kind of varieties have been started to accept by Turkish PBR Office (BUGEM).

The most applied PBR varieties in Turkey seems to be respectively in groups of field crops, fruits, vegetables and ornamentals.

For the foreign applicants which has no residence in Turkey, the PBR applications can be filed by a representative having residence in Turkey and the application number of foreign companies is higher than the domestic companies. While the rate of applications made by foreign companies is 58%, the rate of applications made by domestic companies is 42% according to the last PBR report. In these application numbers made by foreign companies the Netherlands takes place on the top and followed by the USA and Spain, respectively.  

Another important development is the cooperation protocol signed between Japan Plant Breeder Rights Office and Turkish Plant Breeder Rights Office, which facilitated the provision of DUS (Distinctness, Uniformity and Stability) test reports to be used for PBR applications between the two countries. By taking advantage of this cooperation protocol Japan companies may file more PBR applications in Turkey in the future and Japan may be one of the foreign countries that filed most PBR applications to Turkey.

As the PBR is one of ever-developing field of IP in Turkey, it is anticipated that all studies in this field will increase the number of PBR applications in the future and new varieties will be protected more effectively.

Author  
Emine YILMAZ

Trademark& Patent Attorney 
 
Contact:

Eclipse Business D Blok, No2 34398 Maslak/İstanbul
+90 (212) 329 00 00 global@destekpatent.com

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