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Rule of filing an application

Rule of Filing an Application for a New Plant Variety with the National

 Intellectual Property Centre of Georgia “Sakpatenti”

 

The rule of filing and consideration an application for a new plant variety at the National Intellectual Property Centre of Georgia “Sakpatenti” (hereinafter – “the Rule of Filing an Application”) is worked out on the basis of the Law of Georgia “For the Protection of New Varieties of Plants” (hereinafter – the “Law for the Protection of Varieties”).

In order to obtain a breeder’s right, an application for a new plant variety shall be filed with the National intellectual Property Centre of Georgia “Sakpatenti” (hereinafter “Sakpatenti”).

 Address:  № 6, Nino Ramishvili Str. 0179 Tbilisi, Georgia.

 

Chapter I. Application and its Preparation

Article 1. Application

1. An application shall comprise:

a) a request;

b) the description of the new plant variety;

c) the photographic image of the new plant variety.

2. If the application is filed by a representative, within a month from the day of filing the application, a document confirming the representation shall be attached to the application materials.

3. If the application is filed by an assignee, within a month from the day of filing the application materials, a document confirming the assignment shall be attached to the application.

Basis: the “Law for the Protection of Varieties”, Article 16 (3) and (5).

 

Article 2. Preparation of a Request

1.       The request shall be prepared on the basis of the form established by “Sakpatenti”

2.       The request shall include:

            a) the name and address of the breeder;

b) the proposed denomination of the new plant variety;

c) a written obligation of the breeder to supply to the person indicated in Article 4 of this Rule a sample of propagating material of the new plant variety within the prescribed term and quantity, free of charge.

d) the date when the seed material or plant material of the variety was sold with the purpose of exploitation of the variety or was otherwise disposed of to others by the breeder or with his consent.

3. The denomination of a foreign plant variety shall be written in the applicant’s language with a Georgian transcription. All forms shall be filled out in block letters. Botanical notions shall be written in the Latin alphabet, in block letters.   

 

Article 3. Photomaterial

The following shall be attached to the application: a certified black-and-white or colour photo of the new plant variety 9X12 cm or 13x18 cm. In two copies, against a white background together with a drawing scale or a colour slide of flowers 24X 36 cm.  Bud, flower – view from above, side view, bottom view; inflorescence, reproductive parts of the plant (spikes, spadix, panicle, seed, fruit, berry, bulb, root, etc.) and normally developed plant in the production development phase; for perennial trees the entire tree or bush and its separate part (annual planting, organs bearing fruit, branch, leaf, bunch, etc.)

 

Article 4. Description of the Plant Variety

Article 5. Denomination of the New Plant Variety

1. The applicant shall propose the denomination of the new plant variety.

2. The plant variety shall be indicated by a denomination which in future will be the generic denomination of this variety and will make it easily identifiable. It must be distinguishable from every denomination designating the variety of another plant of the same or closely related botanic species, must not be contrary to the commonly recognized norms of morality, must not insult religious feelings, must not consist only of figures, except where this is an established practice, and must not cause confusion concerning the characteristics, origin, value, identity of the variety, or the breeder.

3. If the denomination does not satisfy the requirements of paragraph 2 of this article, or if the prior right of a third party prevents the use of the variety, the applicant shall be obliged to present a new denomination within a month from the receipt of the notification, in accordance with paragraph 4 of this article.

4. Any person who, within the territory of Georgia, offers for sale or markets a plant variety protected within the said territory shall be obliged to use the denomination of that variety, even after the expiration of the breeder’s right in that variety, except where in accordance with the provisions of paragraph 3, the prior right prevents such use.

5. When a plant variety is offered for sale or marketed, it shall be permitted to associate a registered variety denomination with a trademark, trade name or other similar indication, if the denomination is nevertheless easily recognizable.

Basis: the “Law for the Protection of Varieties”, Article 19.

 

Chapter II. Filing an Application

Article 6. Filing an Application

1. A breeder or his assignee shall file an application with the request of the registration of the new plant variety and obtainment of a certificate with “Sakpatenti” personally or by means of a representative.

Basis: the “Law for the Protection of Varieties”, Article 15.

2. The application shall be filed in the state language, and other application materials - in any other language. Where the application materials are filed in a foreign language, the applicant within a 3 months term shall file their translation into the Georgian language.

 

Article 7. Filing an Application with “Sakpatenti” Filed Earlier in Another Country

1. If before filing with “Sakpatenti” the application for a new plant variety was filed in any country member of the “Union” and the breeder wishes to enjoy the priority established under the International Convention for the Protection of New Varieties of Plants, he is obliged to file an application with “Sakpatenti” within 12 months from filing of the earlier application in the contracting party of this Convention.

2. In the application filed with “Sakpatenti” the date of filing the application in other country shall be indicated. The breeder shall be obliged to present within six months from the day of filing the application with “Sakpatenti” the copy of the application certified by the competent authority of the country where the application was first filed, and its translation into the Georgian language.

3. The breeder shall be allowed within 2 years from the expiration of the term of priority, or, where the first application is rejected or withdrawn, from the day of such rejection or withdrawal, to furnish to “Sakpatenti” any necessary information, document or material required for the purpose of the examination of the application.

Basis: the “Law for the Protection of Varieties”, Article 21 (2), (3), (4).

 

Article 8. Filing an Application

An application, the description of the plant variety shall be filed with “Sakpatenti” in two copies. The documents attached to the application shall be filed in one copy.

1.       The application shall be considered as filed with “Sakpatenti” from the day of filing the following materials:

a)      a request;

b)      the proposed denomination of the new plant variety;

c)      the description of the new plant variety.

 

Chapter III. Examination and Publication of the New Plant Variety

Article 9. General Provisions

1. On the basis of carrying out the examination procedure of the new plant variety, “Sakpatenti” shall take a positive or negative decision on the granting of a certificate.  

2.  “Sakpatenti” shall perform the formal examination of the application, which includes checking the completeness, the execution of the application materials, including the confirmation of the application filing date.

Basis: the “Law for the Protection of Varieties”, Article 22.

 

Article 10. Formal Examination of a New Plant Variety Application

1. Sakpatenti shall confirm the application filing date in 2 days term from the day of filing.

2. The formal examination of the application shall be performed within one month from the day of filing the application.

3. If the application does not meet the requirements of Articles 16 and 21 of this Law, during the formal examination “Sakpatenti” may request from the applicant to repair the deficiency and submit the relevant materials. The applicant is obliged to repair the deficiency or submit the relevant material within one month from the day of receiving the notification.

4. If the applicant complies with the requirement of paragraph 3 of this article, then the date of fulfilling the above request shall be deemed to be the date of filing of the application. If the applicant fails to comply with the request, the application shall not be considered filed, and the application materials shall be returned to the applicant.

5. If the application does not comply with the conditions of the formal examination, proceeding of the application for the new plant variety shall be terminated.

Basis: the “Law for the Protection of Varieties”, Article 23.

6. If it is confirmed that the application complies with the conditions of formal examination, the application is assigned a number by the prescribed rule, and a copy of the application with registration data filled out by the examiner shall be sent to the applicant.

 

Article 11. Publication

“Sakpatenti” shall publish the data of the new plant variety application in the Official Bulletin and shall take a decision to hand over the plant variety for testing.

The following shall be published in the Official Bulletin:

a) the data of the breeder;

b) the date of filing the application;

c) the proposed denomination of the new plant variety;

d) the brief reference of the new plant variety, whereas the description of the new plant variety shall be laid open to public for familiarization.

Basis: the “Law for the Protection of Varieties”, Article 24.

 

Article 12. Procedure of Objection

Any person shall be authorized to present to “Sakpatenti” a written objection within 3 months from the publication of the new plant variety data in the Official Bulletin:

a) if the new plant variety does not comply with the requirements of protectability;

b) if the description of the new plant variety does not convey a complete impression for the evaluation of the new plant variety;

c) if the data given in the application are falsified;

d)  if the priority requested for the new plant variety described in the application is baseless according to the application presented for this plant variety in another country.

Basis: the “Law for the Protection of Varieties”, Article 25.

2. The applicant may appeal against the decision of formal examination on the refusal of the application consideration at the Chamber of Appeals within 3 months after the taking the decision.

3. The applicant may appeal against the decision on the refusal of the registration of the new plant variety at the Chamber of Appeals within 3 months after taking the decision.

4. The Chamber of Appeals shall hear the appeal within 3 months from its filing.

5. The decision of the Chamber of Appeals may be appealed in the court.

 

Article 13. Testing of a New Plant Variety

1. After the completion of the formal examination of a new plant variety and publication of the application materials in the Official Bulletin, a sample of the new plant variety within two weeks shall be handed over for testing to a person accredited by the legal entity of the public law - united national body of accreditation – the Accreditation Centre for testing. 

2. A new plant variety shall be tested for distinctness, uniformity and stability by means of examination.

3. The breeder shall be authorized to request extension of procedure terms of the new plant variety application proceeding or where he fails to comply with the terms, restoration of these terms in accordance with the established rule.

4. The breeder, at any stage of proceeding of the new plant variety application, may withdraw the application or request termination of the application proceeding.

5. Results of the new plant variety tests performed in Georgia shall be done by the person referred to in Article 4 of this Rule, which shall be handed over to “Sakpatenti” within 1 month term.

6. In the case of the positive conclusion of the new plant variety testing, the person who performed tests, together with the applicant shall draw up the description of the plant variety that he together with the conclusion shall send to “Sakpatenti”. Data of the test results are a trade secret of the applicant and their transfer to the other person without agreement with “Sakpatenti” and the applicant, shall be deemed to be a violation and shall result in liability defined under the existing legislation in Georgia.

Basis: the “Law for the Protection of Varieties”, Articles 27, 28.

 

Chapter IV. Registration of a New Plant Variety and Granting a Certificate

Article 14. Registration of a New Plant Variety

1. Where the positive conclusion of the new plant variety testing is made, “Sakpatenti” shall take a decision to register the new plant variety and to grant a certificate. “Sakpatenti” records the denomination of the new plant variety, description and other data in the Register of New Plant Varieties and issues a certificate, which represents a document certifying the property of the breeder’s exclusive right holder.

2. The following shall be recorded in the Register of New Plant Varieties:

(a) the genus and species of the new plant variety;

(b) the denomination of the new plant variety;

(c) the description and photographic image of the new plant variety;

(d) the name and address of the breeder;

(e) the number and date of registration.

3. The format of a certificate issued for the new plant variety is developed by “Sakpatenti”.

4. “Sakpatenti” shall publish in the Official Bulletin: the genus and species of the new plant variety, the denomination of the new plant variety, the description and photographic image of the new plant variety, the name and address of the breeder, the registration number and date.

5. Any person is entitled to familiarize with the Register of New Plant Varieties under established order.

Basis: the “Law for the Protection of Varieties”, Article 29.

 

Article 15. Registration of a New Plant Variety Protected in Another Country

1. If the application of a new plant variety filed with “Sakpatenti” concerns the variety protected in any state member of the Union, that variety shall not be a subject of tests for distinctness, uniformity and stability in the territory of Georgia. For such a variety a certified copy of the official documents confirming the breeder's right issued by the authorized body of the respective country and its translation into the Georgian language shall be submitted to “Sakpatenti” together with the application, or within 2 months term from filing the application. For such an application only formal examination shall be conducted.

2. If the application of the new plant variety filed with “Sakpatenti” concerns the variety for which tests for distinctness, uniformity and stability have been already performed by the person referred to in Article 3(2) of this Law and the positive conclusion has been issued, only the novelty, denomination requirements and formal examination shall be carried out.

3. In the process of the formal examination, attention is paid to the establishment of the conformity of the denomination of a new plant variety with the requirements of Article 5(2) of this Rule.

4. If the applications referred to in paragraphs 1 and 2 of this article comply with the conditions of formal examination, “Sakpatenti” takes a decision to register the new plant variety, records the data in the Register of New Plant Varieties, issues a certificate and publishes the registration data in the Official Bulletin.

Basis: the “Law for the Protection of Varieties”, Article 30.

 

Article 16. License Agreement

1. The registration of a license agreement on the transfer of the right to use a new plant variety is permissible at “Sakpatenti” upon the request of the breeder (licensor).

2. The data on the registration of the fact of the conclusion of a license agreement are published in the Official Bulletin, after the payment of a prescribed fee.

3. The following data shall be published in the Official Bulletin:

a) the new plant variety data;

b) the types of the use of the variety;

c) the validity term of the agreement;

d) the territory where the given variety will be used;

e) the amount of the remuneration or the rule of determining the amount and the term, as well as other agreed data.


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