Protection of the exclusive right concerns also service processing of harvested material of a protected variety for sowing or planting.

To provide such services there is necessary to obtain a written license from the breeder who is the PBR holder to a given variety.

Processing of the harvested seed of a protected variety shall take place on the farm owed by the farmer who ordered such service and who is going to use this seed for sowing.

Transfer of the harvested material to its processing (e.g. dressing) outside the farm is not allowed without the consent of the suitable breeder, unless the processor is oficially registered in the seed processing activity. Both the farmer and the processor shall also take all available means to make possible identification of the processed material with the material obtained after processing

On a request of a breeder or breeders’ organisation the processor is obliged to provide written information about the services of processing of the harvested material for sowing or planting, entrusted by farmers (Article 23b of the Act of 26 June 2003 on the Legal Protection of Plant Varieties).

To do this, he can use AGNAS-3 form, designed for the processors.


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