Plant Breeder’s Rights
Plant breeder’s rights are used to protect new varieties of plants by giving exclusive commercial rights to market a new variety or its reproductive material. Legislation provides that any such rights granted will be protected against infringment and affords equal treatment for Irish plant breeders and breeders from countries party to the International Convention for the Protection of New Varieties of Plants.
In Ireland, Plant Breeders’ Rights are registered by the office of the Controller of Plant Breeders’ Rights, a corporate body, which is staffed by the Department of Agriculture, Food & the Marine. A variety is eligible for Rights if it is distinct, stable, uniform (DUS), and new, and if it has an approved name. Once a Right has been established for a variety, the onus is on the holder of the Right to enforce it, if necessary, by legal action. The Controller’s role is in the establishment of the Right. Irish Plant Breeders’ Rights are valid only in Ireland. Fees are payable to the Office of the Controller for the services provided, and renewal fees are payable each year to maintain Rights.
Further Information may be obtained from:
The Department of Agriculture Food and the Marine,
National Crop Variety Testing Centre,
Backweston, Leixlip, Co Kildare.
Ireland
Telephone Number: 00 353 1 6280608
link: http://www.agriculture.gov.ie/farmingsectors/crops/officeofthecontrollerplantbreedersrights/
Registration of topographies of microelectronic semiconductors is not available in Ireland.
Supplementary Protection Certificates
A Supplementary Protection Certificate (SPC) may be obtained in relation to individual medicinal and plant protection products disclosed in a patent. The certificate extends the protection conferred by the patent beyond its 20-year term for a period of up to five years. An SPC does not extend the duration of the patent itself, but only the protection for the specific product subject to market authorisation.
The application form for a request for the grant of a SUPPLEMENTARY PROTECTION CERTIFICATE (Medicinal Products) is included in a statutory instrument EUROPEAN COMMUNITIES (SUPPLEMENTARY PROTECTION CERTIFICATE) REGULATIONS, 1993.S.I. 125 of 1993 . The application form together with further information on supplementary protection certificates may be accessed at: http://www.patentsoffice.ie/en/patents_certificate.aspx
The fee payable upon filing of a request for a certificate is 95.