PLANT VARIETIES 5. Take advantage of the priority right
T e priority term is one year aſt er fi ling the fi rst PBR application. When a priority is claimed from the fi rst application fi led at one of
the
acceptable foreign PBR authorities, the applicant avoids Turkish technical examination stage until the DUS tests of the other authority have been completed and then can use these results for the Turkish PBR application.
6. What to fi le with an application
T e application should contain information about applicant/breeder/variety/payment particulars with photos of the variety in colour. T e photos should clearly refl ect the characteristics and specifi c features of the variety. T e application shall contain a copy of invoice and a declaration of use in connection with fi rst commercial use, if any. T e application may also contain the priority document and DUS tests from the offi ce of prior application, if any. If the applicant is not the breeder, an assignment must be supplied. Foreign applicants must appoint a professional representative
to fi le PBR applications and
a notarised power of attorney signed by the applicant should also be submitted.
7. Denomination of plants
T e denominations will consist of one or more words, meaningful or meaningless, word and fi gures, or letter and fi gures, provided that
“THE RIGHT HOLDER IS OBLIGED TO USE THE PROTECTED VARIETY IN COMMERCE IN TURKEY AND FILE CERTIFIED DOCUMENTS TO BUGEM WITHIN
THREE YEARS OF THE PUBLICATION DATE OF THE GRANT.”
PBR applications 2004–2012 YEAR 2004 2005 2006 2007 2008 2009 2010 2011 2012
FILE 26
119 55 56 45 71 76
TOTAL
112 122 682
GRANT 0
32 17 21 23 58 72 91 87
401
the variety can easily be recognised. T e
denominations submitted should not contain indications, which may hamper the entitlement for marks for the products of the variety in question, in accordance with the Turkish trademarks legislation. T e applications should be made with the denomination designated in the cases where the denomination is registered and used in Turkey or in a country that is a party to the UPOV Convention.
8. Obligation of use and compulsory licence
T e right holder is obliged to use the protected variety in commerce in Turkey and fi le certifi ed documents to BUGEM within three years of the publication date of the grant. Not doing so wouldn’t cause any loss of the PBRs, but there might be a risk of compulsory licensing to another interested party.
9. Cost
Apart from the expert services charges, offi cial fees of a straightforward application from fi ling to grant range from TL1,500 to TL5,500 ($780 to $2,860) depending on the type of the variety, any claim for a priority right and availability of a DUS report from an earlier application of the same variety. In particular, it costs between TL1,079
www.worldipreview.com
and TL1,729 ($560 to $900) for the fi ling stage, the latter of which includes priority claim and ready to fi le existing DUS tests (excluding your prior offi ce service fee for delivering DUS reports); from TL1,500 to TL1,900 ($780 to $988) each year for technical examination stage (up to three years at most) plus TL420 ($218) of registration fee if granted. Aſt er the grant, annuities range from TL135 to TL345 ($70 to $180) each year.
10. Enforcement
Rights owners need to monitor competitors and bad faith threats closely and take steps to enforce their rights if they consider that they’re being infringed, with provable arguments taking advantage of PBR protection. Without the permission of the breeder/right owner, preparing the propagating material for propagation, reproduction, off ering for sale, selling or other marketing, importing or exporting, or storing the variety for these purposes constitute infringement of
the protected variety. For these reasons, in
order to make the enforcement process more effi cient, registering the varieties by PBR is really important.
Ersin Dereligil is the managing partner at Destek Patent Inc. He can be contacted at:
ersin.dereligil@
destekpatent.com.tr
Yeşim Metin is a registered Turkish patent and trademark attorney before the Turkish Patent Institute. She can be contacted at:
yesim.metin@
destekpatent.com.tr
Yesim Metin is highly specialised in patent draſt ing, fi ling and prosecution of IP rights. She also has a signifi cant knowledge and experience in PBR fi ling and prosecution before the Ministry of Food, Agriculture and Livestock in Turkey. Metin has also extensive practice in patent
matters, trademark watching, customs protection and design prosecution.
Ersin Dereligil is a registered European and Turkish patent attorney. He advises on all areas of patent and PBR law. He has lectured on patents and industrial designs to engineering departments at Uludag University for seven years, and also serves as an expert before the Istanbul Specialist IP Court. He is the past and founding president of the LES Turkey, a founding member of AIPPI Turkey and a member of CIOPORA.
search and opposition
World Intellectual Property Review September/October 2013 105
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