Did you know that protection of an exclusive right applies also to the process of preparing the material of a protected variety for sowing or planting?
- If a processor wants to prepare the seed or the potatoes’ seed varieties, protected by an exclusive right (i.e. – clean it, calibrate, accustom to sowing, encapsulate, etc.), to reproduce, he must have a written license from a breeder who has the exclusive right to a given variety (read: licenses). If the processor himself uses the farm-saved seed (FSS) and the material is processed for himself, there is no such an obligation.
- The processing of the harvested material of a variety protected by an exclusive right should take place on the holding of a farmer-client that uses FSS. Transfer of the harvested material, with the aim of processing it (e.g. accustoming to sowing) outside the holding of a farmer using FSS, is not permitted without consent of the breeder of this variety, unless the processor is officially registered in the seed processing activities and both the farmer and the processor, have taken all measures helping to identify the material to be processed with that resulting from processing.
- The processor is obliged to submit written information at a request of the breeder or breeders’ organizations, for services, performed for farmers, of preparation of the entrusted harvest for re-sowing/planting (the Article 23b of the Act of 26 June 2003 on the legal protection of plant varieties (O.J. 2003, No. 137, item 1300 as amended)).
This information should contain:
– the date and the place of processing,
– the name of a variety,
– the quantity subjected to processing,
– the amount obtained after processing,
– the name and the address of the place of residence or the name the address of the holder of the agricultural land for which he performed the service of processing.
Information should include all services performed by the processor at its premises or elsewhere, as well as involving the rental of equipment. Both services, rendered against payment, as well as free of chargé, must be demonstrated.
The information, however, should not include processing the harvested material, that the processor has done for his own needs or under the license agreements for production of the certified seed, concluded with the breeders.
Providing information is mandatory, even if in a given year, the processor did not perform any services of cleaning, accustoming to sowing, etc. of the material provided.