The PBR is a certificate that has been created to defend the activity of plant breeder of any plant material. It allows an exchange of payment on the part of the harvest. Thus, it authorizes the use of protected varieties in order to select the commercial one.
What is the Plant Breeders’ Rights Certificate used for?
First of all, the PBR ensures the protection of the name of the creation. Thus it guarantees the quasi-monopoly on the sale of the grains for a period of 20 to 30 years. In this case, the permission of the research must be mentioned. In case there is an exchange, the PBR allows to have a charge on all parts of the plant. All individuals who have accepted the international agreement for the protection of plant varieties can apply for this certificate. As well as all individuals who are nationals of a State.
The development of a new variety is the general principle of the PBR. Wild varieties should not be followed, but rather the marketable standard should be followed. The obtaining of PBRs is followed by the integration of a Community agency which verifies the conformity of the variety. Hence, obtaining a certificate is about 6 months after filling in the forms.
What is the difference between a Plant Breeders’ Rights Certificate and a patent?
PBR is different from all other varieties because the date of filing and its existence are known. Thus, it is homogeneous. A patent is an appellation of industrial possession on a creation that prohibits a foreigner from propagating without permission from an owner. An agreement is required to use the patented product. While PBR is opposed on a plant variety. It ensures the development of new varieties without the permission of a holder. PBR allows another characteristic to be generated in another existing legal idea. While the patent does not allow resowing one’s own seeds. It is loosely tied to the living being. Hence, the PBR authorizes the use of a protected variety and ensures the monopoly of exploitation. As well as authorizing non-commercial and non-professional purposes.
What is the purpose of a Plant Breeders’ Right?
First of all, it allows to push the search for a permanent plant variety. It also protects the plant communities that have been developed. While it allows breeders to sell the results without rivalry or dispute. To obtain a plant variety certificate, an application must be filed with a responsible authority. Therefore, the procedure takes about 6 months. However, the PBR does not always remain valid. It is valid for 25 years. When the period has expired, the PBR is no longer valid. The cost of the examination results from the plant variety. Therefore, the PBR can be installed on a plant variety if it is distinct, stable and homogeneous.