What is plant variety?

 A plant variety must be new, distinct from all commonly known varieties existing at the date of application, in one or in some combination of the following characteristics: morphological (such as shape, colour); physiological (such as disease resistance); or other (such as the milling characteristics of a new wheat).

The variety must be sufficiently uniform.

 The variety must remain true to its description after repeated propagation.

 You must propose a denomination for the new variety that conforms to internationally accepted guidelines.

 A grant of Plant Variety Rights for a new plant variety gives you the exclusive right to produce for sale and sell propagating material of the variety. In the case of vegetatively-propagated fruit, ornamental and vegetable varieties, Plant Variety Rights give you the additional exclusive commercial right to propagate the protected variety for the commercial production of fruit, flowers or other products of the variety.

 As with other types of proprietary rights, you may bring civil action against persons or businesses infringing your rights. For example, as a Rights holder you would be entitled to seek an injunction against, or if appropriate, claim damages from, another person or business that deliberately sold seeds or plants of the protected variety without your permission.

 As a Rights holder you can also take action against another party using the approved denomination (registered name) of your protected variety to sell propagating material of another variety of the same genus or species.

 Like other personal property, the Rights to a protected variety may be sold, licensed, mortgaged or assigned to another person or business.

 The protection given to a breeder by a grant of Plant Variety Rights resembles that given to an inventor by a patent grant, but there are significant differences between these two forms of intellectual property rights.

  General information:

  Tunisia is a member of is a member of the International Union for the Protection of New Varieties of Plants (UPOV). UPOV have developed recommendations for members regarding variety denominations.

 An application for protection shall be accompanied by a detailed description of the new plant variety, the denomination proposed for it, a sample of it for conservation purposes and whatever data may enlighten the competent authority with a view to the taking of protection measures.

 The breeder’s rights shall remain valid for 20 years for ordinary new varieties and 25years for new varieties whose production elements require longer periods to be developed.

These periods shall begin on the date of grant of the new plant variety certificate.

 For further information, please contact us at: info@cabinet-younsi.com