القيود الواردة على حقوق مستنبط الصنف الزراعي الجديد

Abstract EN

The new agricultural varieties occupy an important place in human life because of their functions and meet the needs of society, and these varieties are slowly spreading as a result of the recent technological developments, which led many investors and innovators to work on the development of new varieties that provide economy and wealth for society.

These rights are sometimes material and represented by the exclusive right of the breeder to use the agricultural variety by exploiting and obtaining its fruits and also to dispose of it to third parties to dispose of it through consensual licenses.

These licenses may be compulsorily imposed for many considerations such as achieving the public interest.

Therefore, the owner of the agricultural variety cannot object to it but is obliged to do so against his will in return for fair compensation.

The other right that the cultivar enjoys is the moral right, which is closely affiliated with his legal personality and hence he cannot act or dispose of it.

The moral right is not prescribed by the statute of limitations and cannot be reserved by third parties, contrary to that which is the exclusive right.

These restrictions, both legal and voluntary, are prescribed under the international conventions that regulate these categories, and also in the comparative laws that dealt with these categories, influenced by what is the case under international conventions since most of these laws came at a later stage.