Cultivar - Legal Protection of Cultivars and Their Names

Legal Protection of Cultivars and Their Names

Intellectual property law
Primary rights
  • Copyright
  • authors' rights
  • related rights
  • moral rights
  • patent
  • utility model
  • trademark
  • geographical indication
  • trade secret
Sui generis rights
  • Database right
  • indigenous intellectual property
  • industrial design right
  • mask work
  • plant breeders' rights
  • supplementary protection certificate
Related topics
  • Societal views
  • orphan works
  • public domain
  • traditional safety valves
  • outline of intellectual property
Further information: Plant breeders' rights and Trademarks

Since the 1990s there has been an increasing use of legal protection for newly produced cultivars. Plant breeders expect legal protection for the cultivars they produce. If other growers can immediately propagate and sell these cultivars as soon as they come on the market, the breeder's benefit is largely lost. Legal protection for cultivars is obtained through the use of Plant breeders’ rights and plant Patents but the specific legislation and procedures needed to take advantage of this protection vary from country to country.

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