One of the most recent and at the same time most specialized rights in terms of the object of intellectual property rights is the exclusive right to plant varieties. New plant varieties characterized by their distinctiveness, uniformity, and stability, may be protected under national or union regulations, which enables growers to temporarily monopolize them. In the Polish market, JWP is one of the few offices providing professional assistance in obtaining and maintaining exclusive rights to plant varieties, as well as in protecting these rights against violations.
Before obtaining protection, we offer the following services:
- counselling on how to obtain the most effective protection scope of plant varieties;
- verifying the legal status of plant varieties registered in both national and community systems and verifying the registrability of a variety name proposed;
- analyzing additional requirements of marketing the seeds and conducting necessary administrative proceedings.
In order to obtain exclusive rights to plant varieties, we offer the following services:
- for the national system: preparing applications (together with the full documentation) required to register plant varieties in the Research Center for Cultivar Testing (pl. COBORU);
- for the community system, in the Community Plant Variety Office (CPVO), later representing our client in the course of the proceedings;
- preparing court documents, such as applications, declarations, objections, appeals, and means of appeal both for national proceedings (COBORU) and community proceedings (CPVO) in the field of granting exclusive rights.
After obtaining exclusive rights to plant varieties, we undertake the following actions:
- monitoring the schedule of official payments;
- paying fees for granting and renewing exclusive rights to plant varieties.
If the exclusive right to plant varieties was violated, we undertake the following actions:
- drawing up warning letters regarding violations of exclusive rights to plant varieties;
- negotiating and mediating so that the dispute is amicably settled;
- conducting civil and criminal proceedings in common courts.
As regards using exclusive rights to plant varieties, we offer the following services:
- professional counselling and analysis;
- preparing legal opinions and license agreements;
- making necessary changes in official registers.