Plants varieties in Ukraine

Plant variety is a special object of intellectual property rights protection. It has numerous features which are important in the process of obtaining property or moral rights . For example, the authority which registrates plant variety rights is State Veterinary and Phytosanitary Service of Ukraine, while for other IP objects is the State Intellectual Property Service.

In addition, the legislation provides the possibility for not only exclusive property rights to the variety, but also to its distribution, which is determined as a separate property right. Protection document which certifies intellectual property rights to a plant variety in Ukraine is referred as patent. It should be taken in consideration that moral intellectual property rights (for example right of attribution) can be confirmed by autorship certificate to a plant variety, issued by the request of the author within one month from the date of state registration of plant varieties (Regulation on the certificate of authorship on a variety of plants, approved by the Order of Ministry of Agrarian Policy No 151 from 28.05.2003).

If you interested in eligibility requirements for the acquisition of intellectual property rights for plant varieties read more here.

It is worth noticing that the right to distribute plant varieties is concidered to be an independent intellectual property and is certified by the state certificate of plant varieties. That way, the state registration of variety is carried out only if the plant variety is suitable for distribution in Ukraine.

Information required for intellectual property rights of plant variety

1. Full name of applicant (for legal entities), and (or) name Applicant (for individuals);
2. Location of the legal entity/place of residence of the individual;
3. Name and place of residence of the author (s) of the variety;
4. Contact Details of applicant (s): phone, fax, e-mail;
5. Information about the application filed in other states, and for qualification examination in other states;
6. Botanical taxon and selection number (the name of a selection of numbers, under which the candidate variety was specified during the selection process);
7. Information on the sale (commercial use) of the candidate variety in Ukraine and abroad;
8. Name of the variety;
9. Scheme of selection;
10. The method of reproduction;
11. Brief description of the extent of onset of a new variety;
12. Information about this sort analogs with a description of manifestations their symptoms (if known);
13. Features of cultivation of the variety;
14. Other information about the type of plants.

Information required to obtain intellectual property rights to the distribution of plant varieties

  • Area of cultivation of the candidate variety;
  • Indicators of the suitability of varieties for distribution (the list of these indicators depends on culture that the variety belongs to and the procedure is determined by examination on distributional suitability of the variety and may be wider, which helps more carefully evaluate the quality)
  • Related topics: Court practice in violation of the plant varieties rights Eligibility requirements for the acquisition of intellectual property rights for plant varieties in Ukraine