Licensee Registration Process for the List of Protected Varieties and Individuals with Production Agreements in Türkiye
08.11.2024
The commercial use of protected plant varieties is made possible through licensed entities that obtain specific rights over these varieties. Licensing plays a crucial role in safeguarding the commercial value of the breeder’s development and ensuring controlled distribution of these varieties. In Türkiye, the applications must be sent to the General Directorate of Plant Production (BÜGEM), which operates under the Ministry of Agriculture and Forestry. In this memo, we will explain the licensee registration process. Licensing allows a breeder to grant a third party the rights to produce, sell, or market a plant variety that is legally protected. It should not be forgotten that the licensee is also expected to comply with Turkish agricultural and trade regulations.
As a signatory of the UPOV Convention, Türkiye has adopted international standards in its licensing processes. The licensee registration system in Türkiye is aligned with European Union norms, which also allows the protection and recognition of licensees and variety owners internationally. This alignment enhances the competitiveness of Turkish agricultural products globally and enables breeders and licensees to secure international protection.
To register as a licensee, applicants must meet specific requirements according to Law No. 5042 on the Protection of Breeder’s Rights of New Varieties of Plants. A license agreement based on a contract may be granted as an exclusive license or a non-exclusive license, valid within the borders of Türkiye. The license agreement must be made in written form. In order for the licensing agreement to be considered valid under Turkish law, the applicant, which can be either a licensor or licensee, must submit the following documents to the Ministry of Agriculture and Forestry as well as the letter of application itself according to the Regulation on the Protection of Breeder’s Rights for New Plant Varieties which is enacted according to the Law No. 5042. Firstly, a notarized license agreement containing the signatures and declarations of the licensor and licensee is needed. The agreement has to include the application date and number for the variety, the registration date and number, the license fee, the term, and the basis of the license. Also, the Breeder’s Right registration certificate and proof of payment of the license fee have to be submitted. The signature circular has to be included in the application if the licensee is a legal entity. Finally, Power of Attorney must be included in the application. It should not be forgotten that if the licensor is a foreign legal entity, the power of attorney has to be apostilled in order to get recognized by Türkiye.
Once submitted, applications go through an approval process. The Ministry examines the accuracy of the provided documents, the validity of the licensing agreement, and the qualifications of the applicant. The Licensee Registration Process is finalized when the name of the licensee is made visible in the List, according to the application.
When the license term expires, either the licensee or licensor must apply to the ministry to start the termination process. Applicants must submit a written letter of request that expresses the License Agreement is terminated, and the List has to be updated accordingly.
