Plant varieties & Animal breeds

What is Plant Variety and what is Animal breed?

The term Plant Variety in his legal cense covers varieties of any botanical genus and species including clone, line, hybrid and rootstock irrespective of the process of their production (created, discovered or developed).

The term Animal Breed covers breeds, lines or hybrids of farm animals, irrespective of the method of their production (created, discovered or developed).

Why filing application for Plant Variety registration?

Only a Plant Variety (or Animal Breed) registration can ensure exclusive rights over the variety or the breed - they cannot be produced, used, distributed or sold without the owner's consent. The legal protection is provided by a Certificate.

The period of protection for tree and vine varieties is 30 years and for all other varieties - 25 years starting from the date of granting a Certificate; prolongation is not allowed.

The legal protection for Animal Breeds is 30 years from the date of granting a Certificate and also cannot be prolonged.

How to file an application for Plant Variety (or for Animal Breed) registration?

As far as the variety (or the breed) denomination has to be novel, it has to be preliminary determined through all Bulgarian and International databases; also, for revealing all variety’s characteristics you have to fill in a special Technical Questionnaire, prepared by WIPO, regarding each botanical species.

The new plant variety shall be tested for the characteristics which is applied for and that for you have to provide, free of charge, sowing and planting material.

For all these specific actions, a professional help of a plant variety attorney will be probably needed. The latter can represent before the Bulgarian Patent Office and Ministry of Agriculture, which govern simultaneously the procedure of legal protection of plant varieties and animal breeds.

What do I need to file an application?

Documents needed:

How long would it take?

The official procedure of PV Protection depends on the duration of vegetation period of the plant, which characteristics have to be tested. As regard the animal breeds, the official procedure may take between 10 and 14 months.

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