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Regulation on the protection of breeders’ rights for new plant species.

Country/Territory
Türkiye
Document type
Regulation
Date
2004
Source
FAO, FAOLEX
Original source
Official Journal No. 25551, 12 August 2004.
Subject
Cultivated plants
Keyword
Plant variety Planting material/seeds Plant production Plant protection Breeders' rights/farmers' rights Genetic resources Intellectual property rights/patents Internal trade International trade Legal proceedings/administrative proceedings Registration
Geographical area
Asia, Black Sea, Europe, Europe and Central Asia, Mediterranean, Middle East, Western Asia
Entry into force notes
his Regulation enters into force on the day it is published in the Official Journal.
Abstract

This Regulation provides for the procedures and principles regarding the development of new plant varieties and protection of their breeders. Turkish citizens or residents, individuals and companies may ask for protection under the UPOV Agreement. Those who do not fit into this category but are citizens of countries that grant such rights to Turkish citizens are also protected as per the principle of reciprocity. The protection period for breeders’ rights is 25 years as of registration date. This is 30 years for trees, vines and potatoes. Companies and individuals who wish to benefit from breeders’ rights must apply to the General Directorate of Protection and Controlling of the Ministry of Agriculture and Rural Affairs. Procedures for such application are given in the Regulation. Following the acceptance of the application, the name given to the species by granting breeder’s rights becomes its general name and is registered. Third parties are allowed to raise objection within 30 days as of its registration. Compulsory licensing could be applied to registered species if and when a species is considered important for public benefit. The Ministry of Agriculture and Rural Affairs sets up a breeders’ registration log covering the names and details of the species and their breeder’s whose rights are protected.

Full text
English/Turkish
Website
www.bugem.gov.tr

References - Legislation

Implements

Law No. 5042 on the protection of breeders’ rights for new plant species.

Legislation | Türkiye | 2004

Keyword: Plant variety, Planting material/seeds, Plant production, Plant protection, Breeders' rights/farmers' rights, Genetic resources, Intellectual property rights/patents, Internal trade, International trade, Legal proceedings/administrative proceedings, Registration, Basic legislation

Source: FAO, FAOLEX

Amended by

Regulation amending the Regulation on the protection of breeders’ rights for new plant species.

Legislation | Türkiye | 2007

Keyword: Breeders' rights/farmers' rights, Plant variety, Intellectual property rights/patents

Source: FAO, FAOLEX

Regulation amending the Regulation on the protection of breeders’ rights for new plant species.

Legislation | Türkiye | 2008

Keyword: Breeders' rights/farmers' rights, Plant variety, Intellectual property rights/patents

Source: FAO, FAOLEX