In Türkiye, significant changes have been made to the processes of registering plant varieties with the “Regulation on the Registration of Plant Varieties,” published in the Official Gazette on September 17, 2024. This regulation aims to adopt a more effective approach by considering technological advancements, as well as international and national sectoral developments.[1]
Among the new regulations, the most notable is the “technical questionnaire.” According to the General Principles for the registration of free varieties, in cases where there is no variety characteristics document issued by official institutions, the breeder or the representative responsible for the continuity of the variety must submit an application using the technical questionnaire. This regulation stands out as a significant step towards making the registration of varieties more systematic and complete.
With the new regulation, an important addition has been made to the process outlined in the old Article 7, which anticipated that the trials for Registration and Standard Seed Registration would be conducted by the Seed Registration and Certification Center. Now, applicants are required to declare that the seed material poses no risk to the environment, human, or animal health. Additionally, they must certify that the seed material is not a genetically modified organism (GMO) and that no processes have been carried out that could affect the characteristics of the variety. In the event of non-compliance with these obligations, the applicant will accept full responsibility. This change aims to provide additional security and transparency in the registration process of varieties.
Regarding registration periods, the previous regulation, which stipulated that renewal applications must be submitted two years before the expiration date of the registration period, has been amended to require that this application be made within the last two years of the registration period. Additionally, while the previous regulation required certain conditions for extending the registration period, such as sufficient production of the variety or its preservation as a genetic resource, the new regulation now only requires the submission of a petition and payment of the extension fee. Thus, the conditions related to production and genetic preservation in the old regulation have been removed.
With the new regulation, changes have also been made to the application and meeting dates related to the registration of varieties. The dates for the acceptance of applications have been redefined, and updated calendars have been created for the execution of the processes. Additionally, the meeting dates for the evaluation of varieties have been reviewed to ensure that the processes proceed in a more coordinated and orderly manner.
Another notable amendment is the provision in Article 50, which states that individuals or organizations who have registered varieties as plant breeders can transfer these varieties to another person or organization with a new authorization certificate after their authorization period expires. Additionally, they may cancel the previous authorization certificate and register the varieties in their own name. However, individuals or organizations abroad cannot register varieties in their own name. In the previous regulation, the transfer of varieties was carried out through special agreements made in the presence of a notary, whereas under the new regulation, the transfer process can also be completed when the authorization period expires or the authorization certificate is canceled.
Regarding free varieties, the applicant can carry out the variety transfer process. The previous regulation did not include a specific provision for the transfer of free varieties.
With the new regulation, it is clearly stated that variety transfer processes will not be accepted after the declaration has been submitted, and this has brought a certain degree of certainty to these processes. This change may make the registration and transfer of plant varieties more complex.
INVOKAT, which closely follows current legal regulations, aims to guide you in following these new regulations by providing comprehensive and professional legal services in the registration of plant varieties. Contact them for answers to your questions on topics such as plant variety registration, technical inquiry surveys, extension of registration periods, and transfer processes:
For more information:
INVOKAT Intellectual Property Services, Istanbul
https://www.invokat.com/
Email: [email protected]
