Industrial Property Rights
Plant Variety Rights
The protection of varieties relates
to the physical product i.e. the plants and parts thereof
which are suitable for propagation. With the protection
of a variety the breeder acquires the right to determine
who is allowed to propagate.
The protection of varieties authorises
the producer to use the individual plant during its entire
life span for fruit production. It is prohibited for third
parties to use or sell parts of the plant for propagation
without explicit authorisation license by the breeder.
53 countries are members of the UPOV
Convention (The International Union for the Protection of New Varieties
of Plants). The member countries have their own individual
laws regarding the protection of varieties. These laws provide
the legal basis for the rights of a breeder regarding a
specific variety. The breeder can contract out all or part of his right
to a company which in return pays a licence
fee to the breeder. The licence fees enable the breeder
to pursue his work as well as promoting his new varieties.
Varietal names or varietal denominations are the generic designations whereby each variety can be identified as a unique variety with its specific charateristics. In keeping with prevailing international usage, the denominations of our varieties are formed by a combination os syllables or of letters and figures. The first three letters of ad denomination often indicate the origin of the breeder or of the introducer of the variety.
Costs and benefits
of licences
New varieties only stand a chance in the market if they
offer superior qualities compared with the existing assortment.
Therefore, a producer who grows good new varieties has an
advantage when competing in the market.
The extra benefits a producer gets from
a good variety often exceed the licence fee by far. The
best example is the new autumn raspberry Variety 'Rafzaqu': During the average plant life span of 6-8
years, a 40-50 % additional return as compared with existing
varieties is possible, even with higher wholesale market
prices...
For example, in the case of license of Himbo-Top raspberries the
current fee of € -.25 is insignificant compared with
the realisable return for the producer.
Infringement of Industrial Property Rights is not a
minor offence, rather a total and illegal disregard for
the highly qualified and extensive work of the breeder who
intensively over years and at his own risk researches and
works to produce new varieties.
Trade Mark Protection
PROMO-FRUIT promotes, markets and licenses the plants, plants parts and fruits of its exclusive varieties under attractive registered trademarks which, over the years, have acquired
extensive commercial value. Such trademarks are for instance RUBINETTE®, HIMBO TOP®, XENIA® etc... and they are now well in demand from the buying public which identifies them with products of qualitiy.
PROMO-FRUIT sees to it that its licensees refer to said trademarks in accordance with its instructions on all labels, packaging and publicity material advertizing plants of fruits of the Promo-Fruit varieties.
PROMO-FRUIT further reserves the right to inspect said plants and fruits in order to make sure that the quality standards of said products are conform with the minimum requirements necessary to maintain the high standard of the reputation of the PROMO-FRUIT trademarks with the public.
Any unauthorized use of PROMO-FRUIT trademarks is strictly forbidden.
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