Elad Tsabari Law Firm

Plant Breeders' Rights in Israel – Guide and FAQs

Novelty – the variety has not been sold or otherwise disposed of to others, prior to the filing of the application, during the following periods: in Israel – one year; abroad – four or six years, depending on the type of plant.

Distinctness – the variety possesses characteristics which are clearly different from any known variety.

Uniformity – characteristics remain stable throughout propagation of the plant.

Stability – characteristics are maintained across generations of the plant.

A registered PBR prevents others from exploiting the registered variety itself.

In addition, a registered PBR under Israeli law also covers derived varieties. The definition of a "derived variety" in Israel follows its definition in the UPOV convention verbatim, namely: predominantly derived from the initial variety or from the initial variety's derived variety; clearly distinguishable from the initial variety; conforms to the initial variety in the expression of the essential characteristics.

20 years, except for vines, fruit trees, forest trees and any other perennial plant, which are granted a protection term of 25 years.

Contrary to other intellectual property rights, protection period begins from the date of registration and not the date of filing.

However, a plaintiff may request retroactive remedies for infringement from the date of publication of the application (which may be years prior to registration).

Yes. As explained above, the requirement of Novelty allows a grace period of one year in Israel and 4 or 6 years abroad (depending on the type of the plant).

Yes.

This imposes, among others, section 30 of the UPOV convention, which obligates members "to give effect to the provisions of this Convention".

Yes, when a registered variety was ab initio ineligible for registration or when the variety is no longer consistent with the registration.

Israeli law sets four requirements for the registration of plant breeders' rights:

Novelty – the variety has not been sold or otherwise disposed of to others, prior to the filing of the application, during the following periods: in Israel – one year; abroad – four or six years, depending on the type of plant.

Distinctness – the variety possesses characteristics which are clearly different than any known variety.

Uniformity – characteristics are maintained throughout propagation of the plant.

Stability – characteristics are maintained throughout generations of the plant.

A registered PBR prevents the exploitation by others of the registered variety itself.

In addition, a registered PBR under Israeli law also covers derived varieties. The definition of a "derived variety" in Israel follows its definition in the UPOV convention, word for word, namely: predominantly derived from the initial variety or from the initial variety's derived variety; clearly distinguishable from the initial variety; conforms to the initial variety in the expression of the essential characteristics.

20 years, except for vines, fruit trees, forest trees and any other perennial plant, which enjoy the protection term of 25 years.

Contrary to other intellectual property rights, protection period commences from the date of registration and not the date of filing.

However, a plaintiff may request remedies for infringement retroactively from the date of publication of the application (which may be years prior to registration).

Israeli law does offer a greace period.

As explained above, the requirement of Novelty allows a grace period of 1 year in Israel and 4 or 6 years abroad (depending on the type of the plant).

Israel is a member of The International Union for the Protection of New Varieties of Plants (UPOV), and is party to the UPOV convention (1991 Act).

This imposes, among others, section 30 of the UPOV convention, which obligates members "to give effect to the provisions of this Convention".

Revocation of plant breeders' rights in Israel is possible when a registered variety was ab initio ineligible for registration or, when the variety is no longer consistent with the registration.

Novelty – the variety has not been sold or otherwise disposed of to others, prior to the filing of the application, during the following periods: in Israel – one year; abroad – four or six years, depending on the type of plant.

Distinctness – the variety possesses characteristics which are clearly different than any known variety.

Uniformity – characteristics are maintained throughout propagation of the plant.

Stability – characteristics are maintained throughout generations of the plant.

A registered PBR prevents the exploitation by others of the registered variety itself.

In addition, a registered PBR under Israeli law also covers derived varieties. The definition of a "derived variety" in Israel follows its definition in the UPOV convention, word for word, namely: predominantly derived from the initial variety its derived variety; clearly distinguishable from the initial variety; conforms to the initial variety in the expression of the essential characteristics.

20 years, except for vines, fruit trees, forest trees and any other perennial plant, which enjoy the protection term of 25 years.

Contrary to other intellectual property rights, protection period commences from the date of registration and not the date of filing.

However, a plaintiff may request remedies for infringement retroactively from the date of publication of the application (which may be years prior to registration).

Yes. As explained above, the requirement of Novelty allows a grace period of 1 year in Israel and 4 or 6 years abroad (depending on the type of the plant).

Yes. This imposes, among others, section 30 of the UPOV convention, which obligates members "to give effect to the provisions of this Convention".

Yes, when a registered variety was ab initio ineligible for registration or when the variety is no longer consistent with the registration.

Information on this website is generalised and does not constitute exhaustive legal advice. Readers must seek legal counselling suitable for their personal matter.

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