Wyłączne prawo hodowcy do odmiany jako składnik masy upadłości
The Plant Breeder’s Right as a C omponent of the Bankruptcy Estate

Summary/Abstract: The article analyzes the breeder’s exclusive right to plant varieties within the context of bankruptcy proceedings, presenting this form of protection as a key component of the bankruptcy estate. This sui generis industrial right allows breeders to derive financial benefits from registered plant varieties while serving a significant regulatory role in the agricultural market. The authors describe possible methods for liquidating this right in bankruptcy proceedings, including both its sale as a separate asset and as part of an enterprise or an organized part of it. The article identifies challenges faced by receivers, particularly regarding their legitimacy to apply for registration of rights to varieties bred or discovered by the breeder and issues related to the collection of agricultural exemption fees. Furthermore, the article includes a comparative analysis of relevant solutions in the United States and India regarding the liquidation of breeder’s rights in bankruptcy contexts, suggesting that some of these solutions could be adapted to Polish legislation.

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