Intellectual Property on breeding on medicinal varieties and biotechnology

Seed and Plant Certification and Registration Institute Plant Variety Protection is an instrument to encourage commercial plant breeders to invest for improving existing plant varieties by insuring that breeders receive sufficient remuneration when they market the propagating material of those improved varieties.Medicinal plants play an important role in terms of employment, exports, economic growth and many other factors in the Iranian economy. Creating and developing new varieties of medicinal plant can greatly help the growth of this fledgling sector in the country. This also depends on the legal protection of breeders of this group of plants under the plant variety rights rules. Plant variety rights (PVRs) came into operation in ۲۰۱۱ under the provision of the bylaw on plant variety protection of the act on plant variety protection and seed certification (۲۰۰۳).To protect the ownership of a variety, breeders (Legal entities or natural persons) can apply for the Plant Breeders' Rights for the variety. A grant of plant variety rights may be made if the variety is:• New, meaning not sold in Iran for more than ۱۲ months, and overseas for more than four or six years (depending on the type of plant).• Distinct, meaning distinguishable from any other known variety by one or more (morphological or physiological) characteristics.• Uniform, meaning that there is little difference between all the plants of a particular generation.• Stable, meaning that successive generations retain the characteristics of the original variety.• has an acceptable denomination, and • formalities are met.If a new variety complies with DUS criteria and has been given an accepted name, the Plant Breeders' Right will be granted. As long as the variety is protected the following acts in respect of the propagating material of the protected variety shall require the authorization of the breeder:(i) production or reproduction, (ii) conditioning for the purpose of propagation, (iii) offering for commercial sale, (iv) exporting, (v) importing, (vi) stocking for any of the purposes mentioned in (i) to (v) above. The breeder’s right shall be granted for a fixed period of ۱۸ years for all type of plants.

کلیدواژه ها:

Variety protection ، Plant breeding ، Seed and plant Certification.