Sınai mülkiyet hakları çerçevesinde yeni bitki çeşitleri üzerindeki ıslahçı hakkının korunması

Plant variety protection (PVP), also known as plant breeder?s rights (PBR) is aspecial form of intellectual property protection tailored to the needs of plant breeding. Thisprotection required under the WTO TRIPS agreement to provide some intellectual propertyprotection for plants are choosing Plant Breeders? Rights. TRIPS specifies only an?effective sui generis system? without further clarification. An ?effective? system based onthe detailed TRIPS patent requirements is developed. In general, the requirements map welcurrent UPOV Acts.The breeder?s rights protects plant variety. Variety means a plant grouping within asingle botanical taxon of the lowest known rank, which grouping can be, defined by theexpression of the characteristics resulting from a given genotype or combination ofgenotipes, distinguished from any other plant grouping by the expression of at least one ofthe said characteristics and considered as a unit with regard to its suitability for beingpropagated unchanged.The aplicant must show that the plant variety is new, distinct, uniform, and stable.Plant variety protection provides that, in respect of the propagating material of aprotected variety, any porduction, reproduction (multiplication), conditioning for thepurpose of propagation, offering for sale, selling or other marketing, exporting, importing,or stocking for any of these purposess shall require the authorisation of the breeder. TheBreeders? Rights allows breeding with the protected variety. Under breeder?s rights, afarmer may raise a crop one year and save seed to use for himself the next year. Thebreeder?s rights also includes an exemption for research. 276