LEGAL STRUCTURE The Law of 5042 on Protection of Plant Breeders’ of Plant Varieties which is prepared in accordance with the 1991 Agreement text of UPOV, 2100/94/EC and 1768/95/EC directives on plant variety rights of the European Commission entered into force by publishing in the Official Gazette of 15.01.2004 dated and 25547 numbered having passed by the Grand National Assembly. · “The Regulation on the Protection of Breeders’ Rights of Plant Varieties” and “The Regulation of Implementation basics on Farmer Exception” entered into force publishing in the Official Gazette of 12.08.2004 dated, in the context of the Law of 5042. · “The Regulation on the Breeders’ Rights utilization of the Officials Working in public Intuitions and Agencies from” entered into force upon publishing in the Official Gazette of 30.04.2005 dated and 25801 numbered. · UPOV Agreement was accepted by the Grand Nation Assembly through Law of 5601 which was published in the Official Gazette of 17.03.2007. · Accession of Turkey to UPOV was endorsed by the Cabinet through the Decision of 2007/12433 which is published in the Official Gazette of 28.07.2007 · Turkey became 65th member to UPOV on 18.11.2007. RESPONSIBLE INSTITUTIONS The cervices related to protection of plant varieties are carried out by the Ministries of Agriculture and Rural Affairs in Turkey. In this context, for accepting the applications for the purpose of protection of plant varieties and evaluation of these applications accordingly General Directorate of Agricultural Production and Development is responsible; as a technical evaluation institution, whereas, the VRSCC is authorized by the Ministry to carry out FYD tests and other technical procedures. WHY VARIETY PROTECTION? Application on protection of new plant varieties which is based on the principles of 1991 Decision of UPOV has contributed development of agriculture. Thanks to this application, breeders have a source for breeding new varieties through the incomes from developed varieties, thus growers seek the varieties resistance to pests as well as safe, quality and productive varieties. Development of these properties are encouraged breeder’s rights are protected through this system. THE REQUIREMENTS of VARIETY PROTECTION The applied variety shall have the following general requirements; 1. Novelty 2. Distinctness 3. Uniformity 4. Stability 5. Naming WHO CAN APPLY? The person, real or legal, living in Turkey could apply. Those having the right to apply in the context of UPOV could apply via a representative residing in Turkey. TO WHERE and HOW TO APPLY? Application is done to TUGEM with a file, filling out the application form and the fee. Application form could be reached at http://www.ttsm.gov.tr . Examination of the application; The applications are examined by a commission involving the experts from TUGEM, Law Unit and VRSCC. Novelty and name is the basic issues. The application is accepted if no missing is determined by the commission. Publication of the application; Each accepted application is given a number and listed in the log. The bulletin involving application is disclosed through http://www.tugem.gov.tr. If no objection is raised in the due time, technical examination is started. Technical examination; The purpose;
a) confirmation whether the variety belongs to the mentioned botanical classification,
b) determination whether the variety has different characteristics of distinctness, uniformity and stability,
c) if the variety comply with the conditions of a and b, preparation of the variety characterization document. DUS tests are carried out by the VRSCC. The varieties being applied are compared with similar varieties. REGISTRATION of BREEDERS’ RIGHT After technical examination institution has sent examination reports to the General Directorate, Registration Committee for Breeders’ right has been established involving necessary institutions considering the plant groups. The varieties evaluated in the Registration Committee are kept under protection by the committee decision upon voting. The variety kept under protection is given a name in the context of the related regulation and breeders’ right of the variety is registered in the log by this name. The bulletin involving the varieties of which breeder’s right is registered is disclosed through http://www.tugem.gov.tr. DURATION of PROTECTION Protection of duration is 25 years after the registration of the breeders’ right. This period is 30 years for trees, vines, and potato. IMPLEMENTATIONS In Turkey, applications for 238 plant varieties in 41 plant species have been done until now. From 18 species 48 varieties have been kept under protection. 73 applications from these are the varieties of Turkish plant breeders. Industrial plants are the dominant group being applied, of 35 cotton varieties have been applied. As kept under protection, the most application belong to the cool-season cereals (15 wheat varieties are kept under protection). All the plants done agricultural production are the context of protection. |