SERVICES
THE PROTECTION OF PLANT VARIETIES

WHAT ?
Flowers, plants, vegetables, fruits, fruit trees, seeds, bulbs, seedlings, cuttings, or any other plant variety regardless of whether they have been obtained by controlled selection or genetic engineering.
WHY ?
- To have the exclusive right to use the protected plant variety in the concerned territory
- To have the right to prohibit third parties from manufacturing, using, selling, offering for sale or holding your plant variety in the territory protected by the Plant Breeder’s Right (PBR)
- To generate revenues through the granting of licences to third parties
- To stimulate creativity within your company, to increase the value of the results of your Research and Development, to get confidence from investors and clients.
HOW ?
- Recommended preliminary step: Examining freedom to practice
Is the plant variety available or is it already owned by a third party in the concerned territory ? - First step: Examining the conditions necessary to get protection by the Breeder’s Right
Does the plant variety fulfil the following conditions: novelty, distinctiveness, uniformity, stability and denomination ? - Second step: Deciding on a strategy
If the plant variety is available, is it preferable to apply for a Belgian or for a Community Plant Breeder’s Right? When exactly during the innovation process, is it judicious to file an application for a Plant Breeder’s Right ? - Third step: Implementing the strategy
Depending on what has been decided, filing the application before the corresponding official authorities and following-up until grant of the required right - Fourth step: Enforcing your rights
Making sure the rights derived from the Plant Breeder’s Right are known and respected by third parties, and introducing court actions, if necessary

WHAT CAN KIRKPATRICK DO ?
- Carry out availability and use searches and analyse them
- Advise you through the study of the conditions necessary to get protection by the Plant Breeder’s Right
- Define together a protection strategy for your plant variety
- Represent you through all procedures from filing an application to the grant of the Plant Breeder’s Right and its maintenance
- Monitor your Plant Breeder’s Rights or those which have been filed by or granted to your competitors
- Act on your behalf in cases of infringement (proceedings or negotiations)
- Defend your interests in case of litigation or threat of adverse actions from your competitors
- Draft and negotiate agreements (licensing, assignment, confidentiality, etc.) and take care of the registration procedures
