Plant variety rights according to the law of plant variety pertain to plant varieties that are new, distinguishable, homogenous, unchanging and marked with a denomination of the plant variety suitable for being recorded in the register. The breeder or discoverer of a new plant variety may apply for plant variety protection, for example with the German Federal Plant Variety Office in Hannover which registers the plant variety respectively applied for in the plant variety register after examining the request. Only the holder of a plant variety protection is allowed for a limited time to reproduce, import, export, recondition or make available seed material of the protected plant variety.
The holder of a plant variety right may request abatement, injunctive relief, right of access and compensation of damages against an infringing third party as well as possibly destruction of infringing plants and plant seeds. The patent attorneys and attorneys-at-law of isarpatent® gladly help you with all questions regarding obtaining and enforcing plant variety rights.
Wolfgang Sandmann| Partner and Patent Attorney