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Plant variety protection

Plant variety protection for plants and thus also grape varieties protects the intellectual property and the enormous development costs for plant varieties against unjustified imitation. It is an intellectual property right or intellectual monopoly right and not a patent. In 1961, UPOV was founded in Geneva (Switzerland) to protect new plant varieties. This regulates mutual recognition and legal protection in the 70 member states or their institutions. In all countries there are national plant variety protection authorities where lists of protected varieties are available. First, an application for plant variety protection is filed and, if the decision is positive, the entry in the country-specific variety lists is made. The country-specific regulations for industrial property rights for plant varieties are not harmonised at EU level, so the regulations of the member states, which differ in content, apply. However, a Community regulation was introduced in 1994 according to the EU regulation, which exists in parallel to the national regulations, but allows the granting of Community-wide industrial property rights valid in all member states.

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