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What Are the Recent Amendments to the Regulation on the Registration of Plant Varieties?

Legal Alerts
Intellectual Property
General

The Ministry of Agriculture and Forestry made remarkable changes regarding the registration applications in accordance with the Regulation on the Registration of Plant Varieties. The main developments covered by these updates are the transfer of the application process to the electronic environment and the elaboration of the scope and qualifications of the documents to be submitted for the application.

Recent Development

The Regulation Amending the Regulation on the Registration of Plant Varieties (“Regulation“) prepared by the Ministry of Agriculture and Forestry (“Ministry“) entered into force on 25 September 2021 after being published in the Official Gazette. The Regulation introduces some updates regarding the details of the procedure to be followed by applicants during the application and registration processes, the qualifications of the documents to be submitted, and the digital transfer of some information and documents by both applicants and the Seed Registration and Certification Directorate (“TTSM“). The most important development brought by the Regulation is the opportunity to submit applications electronically within the scope of the Regulation on the Registration of Plant Varieties.

What’s New?

The Regulation introduces the following notable changes:

  • The definition of “Ministry” in the Regulation has been updated to be “Ministry of Agriculture and Forestry“. The owner of the duty and authority to execute the provisions of the Regulation on the Registration of Plant Varieties has been updated to be “Minister of Agriculture and Forestry“.
  • Applicants will make the plant variety registration applications to TTSM and the digital copy of the application file will be attached to the application. If a production permit is requested, the request will be stated in the application petition. Applicants will notify TTSM of the address to which official correspondence and notifications will be delivered and the Registered Electronic Mail Address (“KEP“). In addition, the Regulation has redefined the scope of this file by bringing an update that the application file will consist of the application petition and form, technical information and documents of the variety, and the fee receipt.
  • TTSM will send the digital copy of the application file containing the production permit request for the variety together with the meeting invitation letter to the members of the registration committee or Standard Seed Registration (“STK“) committee at least one week before the meeting dates.
  • TTSM will send its registration reports digitally together with the meeting invitation letter to the organizations that have members who will participate in the Field Associations Registration Committee every year in March and April.
  • Applicants will make production permit applications with the production permit request specified in the registration application petition and the digital copy of the documents specified in the first paragraph of Article 5 of the Regulation on the Registration of Plant Varieties, and the originals and digital copies of the documents of the variety will be in the registration file.
  • TTSM will send its reports digitally to the organizations that have members who will participate in the STK committee in March and April each year, together with the meeting invitation letter.
  • Applicants will file the application for obtaining a production permit in vegetable species with the production permit request specified in the registration application petition and the digital copy of the documents in the three main sections specified in the first paragraph of Article 5 of the Regulation on the Registration of Plant Varieties. The originals and digital copies of the documents regarding the variety should be in the STK file.
  • Before the registration application for fruit and vine species, it is foreseen that the applicant will make an application to TTSM with a petition and a digital copy of the test site sketch, planting plan and technical question questionnaire in its attachment to determine whether the established trial can be accepted as a registration trial. In the same petition, the address to which official correspondence and notifications will be delivered and the KEP address will be notified. It is envisaged that a subject expert will be assigned by TTSM to control the trial and prepare a report. If the report prepared after the mission is positive, the cultivator will conduct the trial in cooperation with TTSM.
  • TTSM will send its registration reports digitally to the organizations that will participate in the Fruit and Vine Registration Committee in March and April each year, together with the meeting invitation letter.
  • Applicants will file the application for obtaining a production permit in fruit and vine species with the production permit request specified in the registration application petition and the digital copy of the documents specified in the first paragraph of Article 5 of the Regulation on the Registration of Plant Varieties. The originals and digital copies of the documents of the type should be in the registration file.
  • The phrase “original and four copies of the file” in Article 44 of the Regulation on the Registration of Plant Varieties has been updated to be “file” and the relevant article now reads as follows:

From the private sector organizations that declare that they are working on plant breeding and/or variety development research, those who want to become a private sector agricultural research institution apply to the General Directorate with the application petition stating the plant group they want to operate and the application file documenting the conditions stated below.

  • The phrase “original file” in Article 46 of the Regulation on the Registration of Plant Varieties has been updated to be “application file” and the relevant article now reads as follows:

Application file and documents belonging to the private sector agricultural research institution are kept in the archive and log of the General Directorate.

  • With the Regulation, an additional article has been added to the Regulation on the Registration of Plant Varieties. In the relevant article titled “Receiving Applications“,
  • It is stipulated that the applications to be made within the scope of the Regulation on the Registration of Plant Varieties can be made physically or electronically, together with the annexes consisting of information and documents signed with wet or electronic signature.
  • In case of switching to the electronic application system by the Ministry, the originals of the application documents received through the system will be accepted as equivalent. The deficiencies detected after the application, the information and documents that cannot be obtained from the electronic environment, the documents to be obtained from foreign organizations and, if necessary, the originals of the application documents or the wet signed copies of the copies approved by the competent authorities will be requested from the applicant organization or the applicant.
  • Notifications and invitation letters to be made within the scope of the Regulation on the Registration of Plant Varieties will be sent via the Electronic Document Management System (“EBYS“) or the KEP address.
  • With the Regulation, a provisional article has been added to the Regulation on the Registration of Plant Varieties, and applications made before the effective date of this provisional article will be finalized in accordance with the legislation in effect on the date of application.

Conclusion

Within the scope of the Regulation, updates have been made regarding the application and registration processes that must be followed by the applicant in accordance with the Regulation on the Registration of Plant Varieties, the names and qualifications of some information and documents have been updated, and provisions regarding the electronic transmission of certain information and documents in the digital environment have been added. The most striking development brought by the Regulation is the opportunity to apply electronically within the scope of the Regulation on the Registration of Plant Varieties.