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 (Sakartvelo) the following documents should be filed:
- application form comprising 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 with translation thereof into Georgian language, 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 applicant's 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 breeder wishing to enjoy the priority established under the International Convention for the Protection of New Varieties of Plants shall be obliged to file an application with Sakpatenti within 12 months from filing of the earlier application in the contracting party of this Convention.
The plant variety registration procedure in Georgia (Sakartvelo) 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.
If the application filed with Sakpatenti concerns the variety protected in other state member of the Union for the Protection of New Varieties of Plants, that plant variety shall not be a subject of tests for distinctness, uniformity and stability in the territory of Georgia. For such a variety a certified copy of the official documents confirming the breeder's right issued by the competent body of the respective country and its translation into the Georgian language shall be submitted to Sakpatenti together with the application, or within 2 months term from filing the application. For such an application only the formal requirements examination shall be performed.
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.
The exclusive right on plant variety shall be the right to authorize and/or prohibit, or perform the following with respect to said plant variety:
- production and reproduction;
- conditioning for the purpose of propagation;
- offering for sale, alienation or other transfer of rights;
- stocking of propagation material for the purposes mentioned above.
Our company would be pleased to provide services on plant varieties registration in Georgia (Sakartvelo). For further information in respect of the above-mentioned issues, please feel free to contact us.