To obtain protection for your plant variety abroad, you can consider the following two possibilities.
- You only want to protect your plant variety in some European countries or in countries outside the European Union.
Follow the national procedures for each country and submit an application to the appropriate national offices. More information can be found on the website of the International Union for the Protection of New Varieties of Plants (UPOV).
- You want protection for the entire European Union or for some countries of the European Union.
It is best to apply for a Community Plant Variety Right. The rights you obtain via such a Community Plant Variety Right are very similar to Belgian plant breeders' rights, although there are some differences. More details can be found on the website of the Community Plant Variety Office (CPVO).
How do I obtain a Community Plant Variety Right?
To obtain a Community Plant Variety Right, you must submit an application form to the Community Plant Variety Office. Read the instructions on the Community Office website carefully. An application can also be submitted through the IPObel.
Once the application has been validly and completely filed and the fees paid, a filing date will be assigned. This date is important to determine the chronological order between different applications, to assess novelty and distinctness and whether or not to grant the invoked priority right for the submitted application.
Applications are published in the Official Gazette of the Community Plant Variety Office. Interested parties have 3 months to raise an objection.
The Community Plant Variety Office may or may not grant the plant variety right, after examination of the formal and material conditions of protection. An appeal against this decision can be submitted to the Board of Appeal. The decisions of the latter can also be contested at the European Court of Justice.
Both the applications and granted plant variety rights are kept, by the Community Office, in registers that are freely accessible. They are also published in the Official Gazette of the Community Plant Variety Office, which is published bi-monthly.
For further information, consult the website of the Community Plant Variety Office (CPVO). If you have any questions, you can also contact the IPObel or consult an expert. You can let yourself be represented by a representative for the granting procedure.
