The exclusive right

Protection of the exclusive right to plant varieties on the territory of Poland is regulated by following national and Community law:

Act of 26 June 2003 on the Legal Protection of Plant Varieties
(consolidated text: Journal of Laws of 2018 pos. 432)

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

Commission Regulation (EC) No 1768/95 zof 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14 (3) of Council Regulation (EC) No 2100/94 on Community plant variety rights

Commission Regulation (EC) No 2605/98 of 3 December 1998 amending Regulation (EC) No 1768/95 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community Plant Variety Rights

Protection of the exclusive right to plant varieties means that only the breeder who hold PBR to a given variety is authorized to carry out:

  1. production or reproduction (multiplication),
  2. conditioning for the purpose of propagation,
  3. offering for sale,
  4. selling or other marketing,
  5. exporting from the Community,
  6. importing to the Community,
  7. stocking for any of the purposes mentioned in (1) to (6)

of the seed material of this protected variety.

Parties other than the holder of PBR are allowed to take up the above-mentioned activities only with the holder’s consent, on conditions set out in a written license agreement. Otherwise they infringe the exclusive right which may result in legal-civil or criminal penalties.

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