GLOSSARY – LEGAL PROTECTION OF PLANT VARIETIES

Breeder – „shall be taken to mean a person who:

  1. bred, or discovered and developed a variety, or
  2. is or was employer of the person referred to in (1) or has concluded an agreement under which other party to the agreement has bred or discovered and developed a variety, or
  3. is successor in title of persons referred to in intends (1) and (2).”

Variety – „shall be taken to mean a grouping of plants within a single botanical taxon of the lowest known rank, which, whether it fully complies or not with the conditions of granting exclusive right:

  • is defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,
  • is distinguished from any other plant grouping by the expression of at least one of those characteristics,
  • remains unchanged after propagation.”

Protected variety - „shall be taken to mean a variety, the breeder has the right of legal protection thereto and making commercial use thereof.”

Exclusive breeder’s right – „shall be taken to mean the right of the breeder to protect the bred or discovered and developed variety as well as commercialization of such variety.”

Conditioning - „shall mean cleaning, drying, calibrating, treatment or coating of propagating material or harvested material.”

Propagating material – „shall be taken to mean plants or their parts intended for sowing, planting, grafting, budding or other method of propagation of plants, including the application of biotechnology'; in case of a variety protected by an exclusive right – the material derived from the seed plantation started and run on the basis of the authorization (license) from a legitimate breeder.”

Seed material for the production of the certified category – „shall mean the seed material produced directly from the basic material to be intended for the production for seed material of the certified category of successive reproduction or for the production of other than the production of seed material.”