The object of protection shall be plant varieties, of any botanical genus and species, including clone, line, hybrid or rootstock, created or discovered and developed, irrespective of the method (artificial or natural) of their production. Legal protection of a variety is granted when it is:
- New
- Distinguish
- Homogeneous
- Stable
The variety must have a varietal name that is associated with its generic designation.
Breeds, lines and hybrids of farm animals, irrespective of the method of their production, may be protected, created, discovered and developed as new breeds of animals. Exceptions are indigenous (autochthonous) breeds of animals which are the property of the State.
The application for a breed certificate shall be filed with the Patent Office. The following special requirements shall be examined and analysed during the substantive examination of the breed:
- Breeding purpose
- Brief characteristics of the source breeds
- Description of the breed creation methods
- Productive qualities and morphological features of the breed
- Adaptability and disease resistance
- Population, tribal and genealogical structure
- Distribution area
The bodies involved in the procedure for granting legal protection to new varieties of plants and animal breeds are The Executive Agency for Variety Testing, Proprobation and Seed Control и The State Commission for Animal Breeds at the Ministry of Agriculture, Food and Forestry and the Patent Office.
The legal protection of a variety/breed is granted by a certificate issued by the Patent Office and valid for 30 years for tree and vine varieties and animal breeds and 25 years for all other varieties from the date of issue.
The certificate certifies the existence of registered the plant variety, the priority, the right of authorship and the exclusive right of the holder to the variety. The certificate shall be issued by the Patent Office after an expert examination of the variety/breed which is the subject of the application.
The legal framework for registration is set out in the Act for the Protection of New Varieties of Plants and Breeds of Animals.
