A plant breeder’s right (PBR) protects a new plant variety of any botanical genus or species, regardless of whether it has been obtained by controlled sexual crossing and subsequent selection or by genetic engineering. A protectable plant variety should be clearly distinguishable from any other commonly known variety, sufficiently uniform in the expression of the characteristics used for the variety description, and remain stable or unchanged after repeated propagation. Each protectable variety must be designated by a prescribed variety denomination. Importantly, this variety denomination must be different from the brand name, which can be protected by a trademark.
A PBR can be obtained by filing an application in the territory where protection is sought.
The PBR holder can exclude others from producing, reproducing, offering for sale, selling, exporting, importing or stocking the protected variety, including harvested material of the variety, in the territory protected by the PBR.
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A patent gives its holder the right to prevent others from using or exploiting the patented invention in the territory where the patent is valid. A patent also contributes to valorizing R&D efforts, such as by generating revenues through licensing or sales of patent rights, or by attracting investors.
A trademark is a sign such as a name, a logo, a combination of letters and/or numbers, a slogan, a colour or a combination of colours, a sound, the shape of a product or its packaging, or any other symbol. This sign is used to distinguish a company's products or services from those of his competitors.