Implementing Regulations of the Law on the Protection of New Plant Varieties No.255/1998.

The Implementing Regulations provides for the recognition and protection of the Breeders' rights on the new plant varieties in Romania, through the concession of a variety patent by the OSIM (State Office for Inventions and Trademarks). Application for the patent shall be addressed to the National Register of Variety Patent (RNCBS) and the patent, when approved and conceded following testing by the State Institute for Testing and Registration of Varieties (I.S.T.I.S.), shall be entered in the National Register of Variety Patents (RNBSP) and published in the Official Bulletin of Industrial Property (BOPI- SSPBS).
Testing consents to assess if the proposed variety fulfils the properties of distinctness ( in comparison to reference varieties, in term of recognizable morphological, physiological and/or biochemical characteristics),uniformity (the new variety preserves its uniformity in respect of reference species and inter specific variations occurring during propagation) and stability ( the variety is stable per every repeated propagation cycle), as per Articles.7-9. Protection is conceded to the individual or Company which bred, discovered and developed the new variety, even if there are more than one breeder and, in case of an employee, if the breeding happens in the workplace as part of his/her job, the protection is vested to the employer. Breeders' rights have a validity of 25 years that reach 30 in case of new varieties of fruit ,vines ,ornamental trees and forests. .