Abstract
The production of new plant varieties is highly desirable. But it is expensive, long-lasting and knowledge-based activity. That is why it is necessary to prevent unauthorized commercial use of plant varieties. Effective plant variety protection can open a door to economic development, particularly in the rural sector, providing an incentive for plant breeding in many different situations. The inventions of the plant varieties are excluded from patentability. As for plant varieties a sui generis form of legal protection is available under the International Convention for the Protection of New Varieties of Plants (the UPOV Convention). The aim of the legal protection of new plant varieties under UPOV is promoting the development of improved plant varieties for the benefit of farmers, growers and consumers. Key words: Intellectual property, invention, plant variety, breeders’ rights.
Highlights
Plant variety is defined as a set of cultivated plants of the common origin, which differs from plants of the same order by inherited characteristics which are important for the forestry, horticulture and agriculture (Markovic, 1997a)
Could we identify new plant variety with the invention? The fact that the subject matter of plant variety is a part of living nature is not the obstacle to grant patent protection any more
It is absolutely clear that Serbia has achieved the best results in the field of intellectual property presenting its new varieties of agricultural plants (Gajinov, 1996)
Summary
The production of new plant varieties is highly desirable. It is expensive, long-lasting and knowledge-based activity. That is why it is necessary to prevent unauthorized commercial use of plant varieties. Effective plant variety protection can open a door to economic development, in the rural sector, providing an incentive for plant breeding in many different situations. The inventions of the plant varieties are excluded from patentability. As for plant varieties a sui generis form of legal protection is available under the International Convention for the Protection of New Varieties of Plants (the UPOV Convention). The aim of the legal protection of new plant varieties under UPOV is promoting the development of improved plant varieties for the benefit of farmers, growers and consumers
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