MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys ISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys
ISO 9001 CERTIFIED


PLANT VARIETIES REGISTRATION IN GEORGIA

The Georgian legislation stipulates occurrence of the following rights on plant variety:

• the authorship right on plant variety;

• the exclusive right on plant variety;

• the permission to use the plant variety.

The Certificate about state registration protects the authorship and the exclusive rights on plant variety, and the Certificate of quality and Phytosanitary Certificate give the right to distribute the plant variety in Georgia.

For plant breeder's rights registration in Georgia the following documents should be filed:

• general information as for the variety as well as about the breeder(s), applicant(s), applications filed in other countries, if any, etc.;

• description of the variety with detailed information about the variety characteristics, method of propagation of the variety, indexes of distinctness of the variety from similar variety(ies), special conditions for growing the variety, main use of the variety, breeding scheme, information on plant material to be examined, etc.;

• copy of the priority application, if any;

• copy of the report with results of field trials and laboratory studies conducted in other country where the variety has been registered;

• data concerning the tests conducted by the applicant, if any;

• declaration of the applicant confirming that the variety has not been sold and used as well as that the variety corresponds to the novelty criteria;

• Power of Attorney, that should be signed and stamped by the applicant and also certified by notary and be legalised by Apostille;

• document of evidence of the applicants right for filing the application if the applicant and the breeder are not the same;

• photographs of the plant and its organs, that indicate variety main characteristics.

The plant variety registration procedure in Georgia is the following:

After completion of the filing procedure the application undergoes formal examination for about 1-2 months. On condition that the applicant submits all required documents the notification about positive results of the formal examination is issued and the application data is published in the Official Bulletin.

After the preliminary examination is completed the examination for compliance with the criteria of registrability starts. This examination includes the following steps:

1) examination of the denomination of the variety;

2) examination of novelty of the variety (a plant variety shall be deemed to be new if, at the date of filing of the application for the grant of a patent, the seeds or breeding material of the given selection achievement has not been sold or otherwise disposed of to others, by or with the consent of the breeder or his successor in title, for purposes of exploitation of the selection achievement in the territory of Georgia, earlier than one year before that date;

3) examination of compliance of the variety with the criteria of distinctness, uniformity and stability.

Meanwhile, the field trials and laboratory studies of the plant varieties are not conducted in Georgia. The examination for compliance with the criteria of registrability is conducted on the basis of the results of field trials and laboratory studies carried out in other country where the variety has been registered.

The Certificate on plant variety is issued in case of the positive results of the corresponding examination for compliance with the criteria of registrability and after payment of the corresponding grant and registration fees.

Our firm would be pleased to provide services on plant varieties registration in Georgia. For further information in respect of the above-mentioned issues, please do not hesitate to contact us.

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