Botanical garden (institute) – an inexhaustible source of new plant varieties (aspects on their patentability)
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LUPAN, Aurelia. Botanical garden (institute) – an inexhaustible source of new plant varieties (aspects on their patentability). In: Conservation of plant diversity, Ed. 4, 28-30 septembrie 2015, Chișinău. Chișinău: Gradina Botanica (Institut), 2015, Ediția 4, p. 77. ISBN 978-9975-3036-8-2.
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Conservation of plant diversity
Ediția 4, 2015
Simpozionul "Conservation of plant diversity"
4, Chișinău, Moldova, 28-30 septembrie 2015

Botanical garden (institute) – an inexhaustible source of new plant varieties (aspects on their patentability)


Pag. 77-77

Lupan Aurelia
 
State Agency on Intellectual Property of the Republic of Moldova
 
 
Disponibil în IBN: 15 mai 2019


Cuvinte-cheie
species, variety, plant variety patent, protection, intellectual property


Teza

In the Republic of Moldova are found over 5500 species of plants, most of which are held, in its collection, by Botanical Garden (Institute). These species are not only maintained in collections, but are also subjected to the permanent improvement process. As a result of improvement are obtained new plant varieties with a significant economic, social, aesthetic value, etc. New obtained varieties make up the intellectual property of the authors of variety and of the institution. In turn, these varieties, being a property, shall be legally protected and used. This problem can be solved by the acquisition of exclusive rights on varieties. They are regulated by Law no. 39-XVI of 29 February 2008 on the Protection of Plant Varieties (hereinafter - the Law) and other official documents in the field. To have such rights is necessary to obtain a plant variety patent (hereinafter - PVP). PVP is a title of protection that certifies the priority of the variety, the authorship of the breeder and the exclusive right of the patent owner to use the variety. The patent provides legal protection for the new plant variety in the Republic of Moldova. Only the patent guarantees to the plant variety a safe legal protection and gives the possibility of a fair regulation of the personal and economic relations arising during the creation or use of this variety. During the term of validity of the patent, there appear two categories of rights: - moral  rights of the author of the variety; - exclusive economic rights of the variety patent owner The exclusive rights allow right holders to exploit the variety, to dispose of the patent and variety, to prohibit third parties to perform the following acts with respect to the material of the variety or harvested material of the protected variety: a) production or reproduction (for the purpose of multiplication); b) conditioning for the purpose of propagation; c) offering for sale; d) selling or other marketing; e) exporting; f) importing; g) stocking for any of the purposes mentioned in items a) to f). Legal protection by plant variety patent may be granted to varieties belonging to all genera and species of plants. But according to the Law, a variety shall be patentable only where it is: - distinct; - uniform (homogeneous); - stable; - new. The variety shall also be designated by a denomination that meets the legal requirements. In 2013, 15 new varieties of plants selected by the GB co-workers were submitted for patenting (I) (Sida hermaphrodita Rusby (ENERGO); Heliathus tuberosus L. (SOLAR); Phacelia tanacetifolia Benth.  (MELIFERA); Polygonum sachalinense F. Schmidt (GIGANT); Silphium perfoliatum L . (VITAL); Lavandula angustifolia Mill  (LAVINIE DE GRĂDINĂ); Ocimum basilicum L. (OPALMINI, CREŢIŞOR); Physalis ixocarpa Jack. ex. Nees. (AGAT-GB); Polymnia sonchifolia Poepp. et Endl. (SAVOARE); Foeniculum vulgare Mill. (PEREN – 1); Sorbus L. (CATRIN); Aronia melanocarpa (Michx) Elliot (ALECSANDRINA); Hippophae rhamnoides L. (REGINA, ELISA), iar in 2014 – 6 (Chrysanthemum indicum L.  (ZEFIR, FACLIA); Hemerocalis x hybrida hort. (MELANCOLIE, ZEMFIRA); Paeonia lactiflora Pall. (TRAIAN, RUXANDA). All varieties of the species submitted were subjected to the tests of patentability conditions, in accordance with the Law. It may be mentioned that these varieties fully correspond to the criteria of novelty, distinctness, uniformity and stability. And some of them are now protected by plant variety patent in the Republic of Moldova. These varieties were evaluated with gold and silver medals at several salons and exhibitions of inventions and technology transfer in the country and abroad.