Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Law on the Protection of New Plant Varieties No. 255/1998.

Country/Territory
Romania
Document type
Legislation
Date
1998 (2011)
Source
FAO, FAOLEX
Original source
Official Gazette of Romania 926/2011
Subject
Cultivated plants
Keyword
Breeders' rights/farmers' rights Intellectual property rights/patents Plant variety Planting material/seeds Plant protection Registration Basic legislation Plant production
Geographical area
Black Sea, Eastern Europe, Europe, Europe and Central Asia, European Union Countries
Abstract

The Law provides for the recognition and protection of Breeders' rights for those breeders involved in researching, developing and breeding new plant varieties of all genera and species in Romania. The Breeders shall fill an application for a patent to the State Office for Inventions and Trademarks, that shall grant it if the new plant variety complies with being new (never sold or otherwise traded or used with or without the Breeder’s consent), distinct (recognizable from a comparison variety as per its genotype or mix of genotypes), uniform (maintaining its characteristics in respect of a comparison variety for both specie and genotype);and stable (preserving these very same features in every repeated propagation cycle). The new variety shall be indicated with a denomination that shall indicate it and that shall be reported in the patent application and anyway it shall identify the variety therefore, as per article 15. Application and patent shall be registered in the National Register of the Variety Patent Applications and the patent, following testing by the State Institute for Testing and Registration of Varieties (I.S.T.I.S.), shall be published in the Official Bulletin of Industrial Property (BOPI- SSPBS).

Full text
English
Website
istis.ro

References - Legislation

Implemented by

Implementing Regulations of the Law on the Protection of New Plant Varieties No.255/1998.

Legislation | Romania | 1998

Keyword: Breeders' rights/farmers' rights, Intellectual property rights/patents, Plant variety, Planting material/seeds, Plant protection, Registration, Plant production

Source: FAO, FAOLEX