Law No. 5042 on the protection of breeders’ rights for new plant species.

The Law provides for the development of new plant varieties and to protect them together with their breeders, i.e. Turkish citizens or residents or individuals and companies which ask for protection under the UPOV Agreement. Those who do not fit into this category but are citizens of countries that grant such rights to Turkish citizens are also protected as per the principle of reciprocity. Materials coming from reproduction or harvesting of a variety are considered new, provided that they shall be not sold or put into public use one year prior to the application date in Turkey and four years abroad. This period covers six years in the case of trees and vines. If any variety already has a name registered in an UPOV Agreement signatory country, then application for rehabilitator rights will be made under that registered name. Protection period for rehabilitator rights is 25 years as of registration date. Breeder’ rights mainly cover: (a) production and reproduction, (b) preparation for reproduction, (c) marketing, supply, and trade (d) exportation or importation. Farmers are exempted from certain breeder’ rights, provided that they use reproduction material of protected varieties on their own farms. Details of this exemption are given in the law. Companies and individuals who would like to benefit from breeder’ rights should apply to the Ministry of Agriculture and Rural Affairs. Procedures for such application are given in the Law. The Ministry of Agriculture and Rural Affairs is authorized to cancel previously granted rights if required documents are not submitted to the Ministry or if the name of the subject matter material is overruled by a court and the variety is not renamed in due time.