In Turkey, new plant varieties are not protected by patent rights. They are protected by registration provisions related to plant varieties.
The aim here is to encourage the cultivation of new plant varieties and to grant rights for a certain period of time to people who grow new plant varieties.
What can be registered?
Registration includes registration of varieties and genetic resources of field crops, vineyard plants and other plant species. The variety to apply for is required to bear the following general conditions:
- Novelty: Reproduced or harvested materials belonging to a plant variety are considered new if the variety to apply for has not been sold or opened to public use with the request of the beneficiary for the purpose of use for up to one year inside the country, up to four years abroad, and up to six years in trees and hangings before the date on which the application is made.
- Diversity: Varieties that can be clearly distinguished from the commonly known varieties in the date of the application or priority are considered diverse.
- Uniformity: Varieties that show consistency with respect to the relevant features, except for possible changes due to the method of reproduction used, are considered uniform.
- Steadiness: The varieties that remain unchanged during subsequent reproductions or at the end of certain reproduction periods with regard to their respective characteristics are considered to be steady.
- Naming: The name of a protected variety becomes its public name. Anyone who sells or otherwise commercializes a protected variety of reproduction material has to use this name.
- The name of the variety should allow the variety to be clearly identified and it should be different from a name that identifies an existing type of the same botanical or relative species. It must also meet other requirements related to the application procedures contained in the regulations.
Who Can Apply?
Real and legal persons who are citizens of the Republic of Turkey and reside in our country may apply.
Protection Periods
The period of protection is twenty-five years from the date of application for registration. This period is thirty years for trees, hangings and potatoes.