The sort protection protects the mental property at plant breeding. As breeders or discoverers of a new sort one can request the sort protection on basis of the sort law for the protection with the office for federal sort. Here it concerns its own mental vested title and/or a mental monopoly right and not around a patent. Patentable a sort is if it the following criteria fulfilled:

• Novelty

• Homogeneity

• Stability

• Distinction

• entryable sort designation

(see also sort examination)

A protected sort may be sold only by the sort protection owner or its right successor in the form of materialmaterial material (plants, plant parts incl. seeds) commercially. Not it requires the agreement of the sort protection owner when using the protected sort for breeding a new sort. In-breeding lines for the creation of hybrids are subject however to special protection.

Sort protection is to be received a patent right, which makes it for the breeder possible to use its sort economically in order thereby a remuneration its (of intellectual and financial) payments in advance. The sort protection is therefore requested contrary to the patent protection straight by small and middle enterprises.

The international sort protection (UPOV agreement), which also in the European Union and in D into valid right was converted, contains expressly the possibility of being able to use protected sorts without payment from royalties to further breeding. This benefits also and straight medium-size breeders. Thus the sort protection contributes also to breeding progress and to the securing of food supply in less developed countries.

In the course of Europeanizing the sort protection however legal gray areas result. Meanwhile also some sorts are protected, which already are for centuries used. Right ones on these sorts announce primarily world companies, which with this strategy sorts old the use want to forbid, in order to bring with it their products into a better market position.

The sort protection generally raises also ethical questions, since "“mental property"” is stressed here at biological organisms.

Related links

European office for sort protection in meadow

Statement Attac to the sort protection

Articles in category "Sort protection"

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