Registration of the Right
The legal protection of the new plant variety developed by the breeder is possible with the right application and effective registration process. IPRA carries out the whole process from the preparation of application documents to the follow-up of official procedures within the framework of legal counselling and intellectual property rights management. For varieties that are similar to the registered varieties of the client, objections are made and legal assurance is taken as a basis to protect the long-term interests of the right holder client.
Filling an Application in Turkey
The protection of the breeder’s right is national. In Turkey, applications are made in writing to the Ministry of Agriculture. For foreigners, applications can only be made through an attorney.
Preparation of Answers to Objections
Following the application, objections can be made by outsiders against the application upon the announcement processes made by the Ministry. An appropriate response must be given to the objections made within the scope of its scope.
Tracking Seed Certificate Registration
A registration of the new plant variety, such as the registration of the breeder’s right, must be made within the scope of the Seed Legislation in order to commercialise the variety.
Filling and Responding a Compensation Lawsuit
Persons who, between the date of application and the date of granting the right, carry out unauthorised acts that require permission from the holder of the breeder’s right, are obliged to pay a fee to the holder of the right. The amount to be paid shall be at most the licence fee that would have been determined if a licence agreement had been concluded. This fee will be calculated by claiming through litigation.