Ukraine

Ukraine provides legal protection for new plant varieties through a national breeder’s rights system.

Required documents
For filing a PBR application in Ukraine, the following documents are generally required:

• application for recognition of rights to the variety, stating the rights the applicant wishes to obtain;
• technical questionnaire for the variety, containing detailed information about its characteristics, breeding method, and other essential data;
• document confirming the variety’s suitability for distribution in Ukraine, if the application includes the right of distribution;
• document confirming the applicant’s entitlement to file the application, if the applicant is not the breeder;
• certified copy of the first application issued by the competent authority of the relevant country, together with a Ukrainian translation, if priority is claimed;
• photographs of the plants or plant parts;
• CPVO DUS report, if available;
• power of attorney.

Formalities and legalization
The power of attorney must be apostilled or notarized. Any foreign documents required to confirm the applicant’s rights to the variety must also be notarized. All documents are filed in paper form.

Filing and examination
All required documents should be submitted at the filing stage. A request for technical examination may be filed together with the application or after formal examination has been successfully completed. The examination fee is paid once, although additional costs may arise if the authority requests supplementary materials or information.

For varieties already registered in the EU or the United States, the decision on state registration is taken within 15 days from the notice of positive formal examination.

Samples and testing
The applicant must provide variety samples in the quantity and quality required for testing. The deadline and place of submission are determined by the competent authority after formal examination is completed. In practice, the registration process depends on the length of the formal and technical examinations and usually takes one to three years.

Protection term
The protection term of property rights begins on the day following the date of state registration of the right and ends on the last day of the 30th calendar year (for tree, shrub, and vine species) or the 25th calendar year (for all other varieties), both counted from January 1 of the year following registration. The term may be extended by up to five years.