Poland Strengthens Plant Breeders’ Rights with New Criminal Enforcement Measures

An important step forward in the protection of plant breeders’ intellectual property rights came into force on January 5 this year in Poland. The change concerns an amendment to Article 37 of the Polish Plant Breeders’ Rights Act, which now introduces criminal sanctions for infringements of Community Plant Variety Rights (CPVR).

This means that any person infringing either Polish plant breeders’ rights or CPVR may be subject to a fine, restriction of liberty, or imprisonment for up to one year. This amendment represents a significant improvement for breeders and companies operating in the country, as it strengthens the overall protection of intellectual property rights.

But the impact goes further. Breeders can now request assistance from the police and public prosecutors in cases of CPVR infringement in Poland. This includes support in gathering evidence, which may later be used in civil proceedings.

CIOPORA Secretary General, Edgar Krieger, welcomed the development, stating: “As an association, we have always advocated for a robust protection system that not only helps prevent infringements but also facilitates their enforcement.” He added: “This achievement is the result of joint efforts between CIOPORA, its members, and other stakeholders who have advocated for a stronger legal framework to better protect breeders.”

The amendment to Article 37 updates previous legislation, which did not penalize infringements under Polish plant breeders’ rights law. This situation was not aligned with Article 107 of Council Regulation (EC) No 2100/94, which states that:“Member States shall take all appropriate measures to ensure that the same provisions are made applicable to penalize infringements of Community plant variety rights as apply in the matter of infringements of corresponding national rights.”

CIOPORA continues to work with countries and institutions around the world to ensure that breeders benefit from strong legal frameworks that support innovation and protect their intellectual property rights.