The Ministry of Agrarian Policy and Food of Ukraine has introduced several important changes in the field of plant variety rights protection that will facilitate registration for right holders.
The main takeaways include a simplified procedure for the registration of plant varieties registered in the EU and the US and the introduction of an electronic system for maintaining registers called "e-PVR filing". The new provisions of the legislation align with EU requirements and contribute to further harmonization with European standards.
Key changes
The updated Law of Ukraine "On Protection of Rights to Plant Varieties" provides for the registration of varieties already registered in the EU and the US without a qualification examination. The registration of a variety in the EU and/or the US is confirmed by the data from the Common catalogues of EU varieties and/or the International Union for the Protection of New Varieties of Plants (UPOV). This data is obtained by the competent authority independently and does not require additional confirmation by the applicant. The application for registration of such a variety only needs to be accompanied by a description in an arbitrary form, which can significantly reduce the registration time.
Moreover, on 30 October 2024, the new Procedure for Preparing, Filing and Examination of a Variety Application ("Procedure") came into force, which sets out the following:
New forms and requirements for plant variety applications. Among other things, the following information must now be provided: the types of rights being applied for, botanical taxon, variety name, breeding code, information about the applicant, information about other applications for the variety filed outside Ukraine, information about the author of the variety and data on the qualification examination.
Technical questionnaire of the variety, which requires detailed information on the characteristics of the variety, special growing conditions, additional permits for use, selection and reproduction schemes of the variety, etc.
Other information on particular considerations for applications to register plant varieties already registered in the EU and the US
In December 2024, the electronic system of registers "e-PVR filing" was launched, which consolidated all registers in the field of seed production, nursery and protection of plant variety rights, including, among others, state registers of varieties, patents for plant varieties, seed and nursery entities, certification auditors, certificates for seeds and planting material, as well as conformity assessment bodies. Currently, it is possible to submit an application and receive other services through the "e-PVR filing" electronic cabinet.
Recommendations
These changes will have a positive impact on the further development of plant variety registration in Ukraine from a business perspective. They provide applicants with greater opportunities, making the registration process faster and smoother. The shorter time frame for the implementation of rights protection and the introduction of electronic document management and registries provide clients with new opportunities to protect their intellectual property. Furthermore, the new provisions of the legislation contribute to further harmonization and cooperation with the EU.
By Myroslava Koval-Lavok, Counsel, and Anastasiia Zubriy, Associate, Baker McKenzie
