PROTECTION OF PLANT VARIETIES
1. PROTECTABLE SUBJECT MATTER.
New plant varieties, protected by the Law of Plant Varieties 3/2002 of March 12, are excluded from patent protection. However they can be protected as plant varieties as long as they differ from the existing varieties, and are homogenous and stable in their features.
It shall be considered that a plant variety is not NEW either if, before the date on which protection is sought, it has been commercialised in Spain, or if it has been commercialised abroad during the 4 years immediately prior to its application, or if it has been published or described in a previous application.
2. LIST OF PROTECTABLE PLANT VARIETIES.
The following list mentions some of the more than 800 plant varieties which can be protected:
| ALFALFA ALMOND TREE ALMOND PEACH TREE (HIBRID OF) APPLE TREE BARLEY BROAD BEAN CARNATION CITRICS: ORANGE TREE, MANDARIN ORANGE TREE, LEMON TREE COMMON VETCH CORN GRAPEFRUIT TREE HARD WHEAT HORSE BEAN KIDNEY BEAN LENTIL |
LETTUCE MANDARIN TREE MELON OATS PEA PEACH TREE AND NECTARINE POTATO RAYGRASS RICE ROSE TREE SOFT WHEATSOYA STRAWBERRY SUNFLOWER TRITICALEWATERMELON VIOLET CLOVER WHEAT |
3. TERM OF PROTECTION.
A minimum 15-year term of protection from the date of GRANT is set for herbaceous varieties and a 18-year term of protection for trees; protection shall be no longer than 20 years.
