Plant Variety Registration in Turkey ?
The rights of a plant variety belong to the person who produces it and his/her successors.
Each right holder, regardless of other right holders, may:
- Freely save on his share,
- Use the rightful plant variety, after making a written notification to other right holders,
- Take the necessary precautions to protect the rightful variety,
- Bring legal and criminal proceedings against third parties together with other shareholders, if the rights acquired through the application or registration made to the Ministry is arbitrarily interrupted in any way.
In the event that a third party is brought to court or a criminal case, the other right holders are informed by the person who opened the case within one month from the date on which the case is opened so that the other right holders can participate in the case.
If the share is transferred to a third party, other shareholders have the right of preemption. The transfer of shares shall be made in writing and registered. The Ministry shall notify the other stakeholders within two months so that the right of preemption can be used. The right of preemption is used within one month from notification.
The transfer of the right of use of the variety to third parties is possible with the consent of all of the right holders.