KIRKPATRICK Intellectual Property (Patents, Trademarks and Designs)

Avenue Wolfers 32, 1310 La Hulpe, Belgium

Plant breeder's rights

plant breeder’s right (PBR) protects a new plant variety of any botanical genus or species, regardless of whether it has been obtained by controlled sexual crossing and subsequent selection or by genetic engineering. A protectable plant variety should be clearly distinguishable from any other commonly known variety, sufficiently uniform in the expression of the characteristics used for the variety description, and remain stable or unchanged after repeated propagation. Each protectable variety must be designated by a prescribed variety denomination. Importantly, this variety denomination must be different from the brand name, which can be protected by a trademark.

A PBR can be obtained by filing an application in the territory where protection is sought.
The PBR holder can exclude others from producing, reproducing, offering for sale, selling, exporting, importing or stocking the protected variety, including harvested material of the variety, in the territory protected by the PBR.


How Can We Help ?


  • Performance and analysis of availability and use searches
  • Advice by means of studying the conditions for obtaining PBR protection
  • Joint definition of the protection strategy for your plant variety in order to best meet your specific needs, including by PBR and/or trademarks
  • Representing you throughout the procedures, from filing an application to the granting of the PBR and its maintenance



  • Monitoring your PBR or those that have been filed by or granted to your competitors
  • Assisting you in cases of infringement, preparing a cease-and-desist letter and conducting negotiations


Strategic optimisation 

  • Examining your freedom to exploit the PBR
  • Negotiating and drafting agreements with different parties (non-disclosure, letter of intent, memorandum of understanding, licensing, transfer & assignment, etc.) and carrying out the subsequent registration procedures


Our Services

Our experienced attorneys, engineers and paralegals are always aiming for excellence and are not afraid of coming up with inventive and yet efficient solutions.


A patent gives its holder the right to prevent others from using or exploiting the patented invention in the territory where the patent is valid. A patent also contributes to valorizing R&D efforts, such as by generating revenues through licensing or sales of patent rights, or by attracting investors.


A trademark is a sign such as a name, a logo, a combination of letters and/or numbers, a slogan, a colour or a combination of colours, a sound, the shape of a product or its packaging, or any other symbol. This sign is used to distinguish a company's products or services from those of his competitors.


A design is a protection that applies to a product's external features, i.e. its shape, lines, contours, colours, texture, material or ornamentation. A design can be three-dimensional (the shape of a car, a mobile phone, a couch, a vase) or two-dimensional (a pattern, a drawing).


A copyright is a protection given to any original literary, scientific and artistic works, irrespective of their medium, such as books, brochures and other written works, conferences and musical compositions. Computer programs can also be copyrighted.

Domain names

A domain name is an identification string defining a location on the Internet. The website linked to a domain name is the main gateway to a company. Since the introduction of a high number of new gTLDs, owners of trademarks and other IP rights are faced with new challenges.

Supplementary Protection Certificates

A supplementary protection certificate is an intellectual property right that extends, for a period of up to five years, the patent protection duration for a human or veterinary medicinal requiring marketing authorisation.