196 V.M. VILAR, A.V. VALVERDE, E.C. VIDINEAC, R.-A. ROŞU
It can also be concluded that there are no differences between European and
Romanian legislation on the abovementioned issue, our country transposing the
European legislation precisely.
The Romanian and European legislation resemble very much also when it
comes to the notion of stability.
The Regulation speaks of stability in art. 9, where it is mentioned that a variety
is considered stable if the features examined for distinctiveness and other features used to
describe the variety remain unchanged following successive multiplications or, in the case
of a particular propagation cycle, at the end of each cycle.
The stability of a variety is of particular importance for the European
legislator, importance which is also understood by the Romanian legislation,
which transposed art. 9 of the Regulation in art. 9 of Law 255/1998, republished.
Thus, according to art. 9 of the Regulation, the variety is stable if, after
repeated propagation or, in special cases, at the end of each propagation cycle, the
relevant features for determining distinctiveness or any other features used to
describe the variety remain unchanged.
It is again easily noticeable that the national legislation is identical to the
European one. Moreover, Law 255/1998, republished, shows the importance given
to the stability of the varieties in terms of legal regulation, by offering a distinctive
article for explaining this requirement.
A third requirement for plant variety rights is novelty.
The Council Regulation stipulates that a variety is to be considered as new if, at the
date of submission of the application provided for in article 51 of the Regulation, it not sold
or otherwise surrendered to third parties within the meaning of article 11 of the Regulation
to the breeder or with his consent, variety constituents, or a harvested material belonging to
the variety for the exploitation of the variety:
(a) within the Community for more than 1 year from the abovementioned date;
(b) outside the Community for more than 4 years or, in the case of vines and trees, for
more than 6 years from that date.
The Romanian legislation, through Law no. 255/1998, republished, takes over
the explanations regarding the novelty requirement and transposes them into the
national legislation as follows: the variety is new if at the date of the patent
application registration for the variety or at the time of invoking the priority of the
propagating or harvesting material, it was not sold or otherwise made available to
third parties, by the breeder or with his/her consent, for the purpose of
commercial exploitation of the new variety:
a) on the Romanian territory, one year before the patent application
registration for the variety;
b) on the territory of other states, more than 4 years after the registration of the
variety patent application, and for trees, trees and ornamental shrubs and
vineyards, more than 6 years.