What are the new varieties of crops?
New cultivars refer to cultivars that have just been discovered and developed by a botanist or plant breeder and have a wide range of monopolies for a specified period of time as defined by this law.
Variety refers to all cultivars or groups of cultivars that are identical and distinct from other plants in the same cultivar in one or more characteristics. These can still be stored for use as breeds or other organic hybrids.
If you are a person who breeds, discovers and develops new varieties of crops, you are considered a “crop breeder”.
And you can find protection for your new crop by applying for protection to the Ministry of Industry, Science, Technology and Innovation.
New varieties of protected crops must meet the following criteria:
– Innovation
– Differences
– Uniform
– Stability
– and be given an appropriate name.
Novelty
Varieties that can be considered new unless they have not been marketed or marketed in the past, but with the consent of the breeder, the new varieties are marketed or marketed within Not more than one (1) year in the Kingdom of Cambodia and not more than 6 (six) years for vines and trees and not more than 4 (four) years for all other crops outside of God Kingdom of Cambodia as of the date of application for protection.
Differences
Varieties that are considered to be distinctive unless they are distinctly different from other varieties commonly known by the date of application for the right or the date of the right. Priority.
Uniform
Crop varieties considered to be uniform only if the uniformity of the relevant characteristics of the cultivar can be maintained.
Whether the cultivar is produced by sex or heredity.
Stability
Varieties are considered stable unless their essential characteristics do not change at all stages of the growth cycle and in each generation.
Naming of crop varieties
Naming of crop varieties to identify or distinguish one crop variety from another. Crop breeders must request and obtain permission to name suitable crop varieties for crop identification.
The names of new varieties of some of the following crops are considered inappropriate:
A. Can not identify crop varieties
B- There is only one sign, except this sign can identify the crop variety
C. Mislead the public or cause confusion as to the character or value or identity of the crop variety or the identity of the crop breeder;
D- Same as the name of an existing crop variety in a single crop in the Kingdom of Cambodia or a signatory State
E – Same as the name of the pre-licensed crop variety.
Only the names used in the application or registration of the signatory States shall be used for the application or registration in the Kingdom of Cambodia, except for names that are inconsistent with the cultural traditions of the Kingdom of Cambodia. Holding a list may require a new name.
The right to protect new varieties of crops does not cover the following cases:
1- Use for experimental purposes
2- Growing for personal use and not for commercial purposes
3. Use for the purpose of breeding other new crops except the fourth paragraph, Article 15 of this law.