408/2000 Coll.
LAW
of 25 June 2002. October 2000
on the protection of rights to plant varieties and amending Act No. 92/1996 Coll., on
varieties, seeds and seed crops, as amended
legislation (the law on the protection of varieties)
Change: 147/2002 Coll., 149/2002 Sb.
Change: 219/2003 Coll.
Change: 377/2005 Sb.
Change: 554/2005 Sb.
Change: 184/2008 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 279/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
TITLE I OF THE
GENERAL PROVISIONS
§ 1
(1) this Act regulates the
a) rights and obligations to plant varieties protected under this Act,
(b) the competence of the authorities) the power to exercise of State administration in the field of
rights to the varieties,
c) procedure for granting rights,
(d) maintaining control) varieties, and
(e) imposition of penalties for non-compliance with) the obligations laid down by law,
that directly applicable European Community regulation ^ 1) confers on the
the scope of the individual Member States of the European Union (hereinafter referred to as "the Member
State ").
(2) this Act regulates the following a directly applicable regulation
Of the European communities ^ 1a) penalties for infringement of Community plant variety rights
Of the European communities "^ 1a) (hereinafter referred to as" the Community plant variety right ') and
incorporates the appropriate prescription of the European communities ^ 1b).
§ 2
Basic concepts
For the purposes of this Act, means the
variety variety defined by) the International Convention for the protection of new varieties of
^ 2 plants),
(b) protective rights) rights and obligations to the varieties of plants resulting from the
final decision of the central control and testing Institute
agricultural (hereinafter referred to as "the Institute"),
(c) the holder of a breeder breeding rights) that has been granted
protective rights to the variety, or his successor in title,
d) breeder of a natural or legal person, the person who bred
or it appeared and improved ("created"), or the person for
which someone variety created in the performance of tasks arising from the
employment or other similar relationship, where a written contract
between them, unless otherwise specified; a breeder's right shall be considered
the legal successor of the breeder,
e) protected variety variety, to be covered by protective rights granted
under this Act,
(f)) to join the Union State or intergovernmental organizations that are members of the Union
for the protection of new varieties of plants, ^ 2)
(g) a list of list requests) granting rights to a variety, to
which shall contain the information referred to in section 9 (a). a) to (c)),
h) small grower grower, which is active in agricultural production on arable
the soil of the maximum area of 22 hectares.
TITLE II
THE CONDITIONS FOR THE GRANT OF PROTECTION OF THE RIGHTS OF
§ 3
(1) a protective rights may be granted to the varieties of all genera and species
plants, including their hybrids (hereinafter referred to as "variety").
(2) protective rights may be granted to a variety, which fulfils the conditions
a) novelty,
b) distinctness,
c) uniformity, and
d) constancy.
(3) the denomination of the variety shall comply with the conditions established by this Act (section 7).
(4) the rights and obligations related to admits their grant
provides for the Institute if they meet the criteria laid down in this law.
(5) protective rights cannot be granted to a variety, to varietal is granted
Community law ^ 1a).
§ 4
The novelty of the variety
(1) the variety satisfies the condition of novelty, if on the date of application for the
the granting of the rights was not its propagating material ^ 3) or
the harvest of a variety of material (hereinafter referred to as ' harvested material ') breeder,
or with his consent is sold or otherwise provided to
the use of other persons
and) on the territory of the United States more than one year prior to
the request, or
(b)) outside the territory of the Czech Republic more than four years before the
application or, in the case of the variety of trees or of vines, more than
six years prior to the application.
(2) for the provision of varieties for the use by other persons referred to in paragraph 1 shall
does not find it,
and if the breeder) propagating material or harvested material
the variety
1. in order to fulfil the obligations arising from the specific legal
prescription ^ 4) or
2. another person on the basis of a contractual relationship solely for production, reproduction,
editing or, if the breeder preserves the exclusive right to
further treatment of this material of the variety; However, if the
propagating material of the variety repeatedly used for the production of hybrid
variety whose material was sold or otherwise provided, it shall be considered
such use of propagating material of the variety, for the provision of varieties
the use of any other person, or
(b) the breeder to another person) if it sells or otherwise, without the designation of a variety
provide propagating material or harvested material that has been
obtained from plants grown for research purposes or to create a
other varieties and which is not used for further propagation, or
(c) if the breeder of the variety) issued under international treaties ^ 5) on
the international exhibition.
§ 5
Distinctness the variety
(1) the variety satisfies the condition of distinctness, if it is clearly distinguishable
from any other variety, which is on the day of application for the grant of
protective rights generally known, the expression of at least one character
resulting from the genotype or combination of genotypes.
(2) A variety shall be regarded as generally known
and) protected in the Czech Republic or abroad,
(b) registered on the official list) ^ 6) in the Czech Republic or in the like
list abroad,
(c)) have been in the Czech Republic submitted a request for the grant of protection
rights or for registration in an official list, provided that the applications
will be granted,
(d)) which has been abroad request for the grant of protection of the rights of
or for registration in an official list, provided that the request is
granted, or
e) offered for sale or sold in the Czech Republic or in
abroad.
§ 6
Uniformity and stability of varieties
The variety satisfies the conditions of uniformity and stability, if it complies with
requirements of uniformity and stability of the variety as laid down by specific legal
Regulation ^ 4).
§ 7
Name of the variety
(1) for the same variety in the Czech Republic used the same name, which is
for it used in another Member State, or another Member of the Union.
(2) the variety name is not allowed
and) composed solely of numbers, with the exception of cases when such designation
an established practice for designating varieties
(b)) the same or interchangeable with the name used for another variety of the same
or a relative in the Czech Republic, in another Member State or in
another Member of the Union,
c) producing incorrect ideas about value, properties and origin
the identity of the variety, or the breeder,
(d)) the same or interchangeable with the trade mark, the designation of origin or
geographical name for the same or similar products or otherwise violative
the rights or protected interests of other persons,
e) linguistically inappropriate.
TITLE III
IN CASES CONCERNING THE PROTECTION OF RIGHTS TO PLANT VARIETIES
§ 8
(1) to submit a request for the grant of protection to a variety (hereinafter referred to as
"the application") shall be entitled to the breeder, who is a citizen of the United States,
another Member State or another Member of the Union or by a person established in the
the territory of the Czech Republic, another Member State or to another Member of the Union
(hereinafter referred to as "the applicant"). Applications may be made even more applicants jointly.
(2) the request may also be submitted by natural person who is a citizen of a State or
It is established on the territory of the State which granted to persons from a Member State
of the members of the Union or similar protection for varieties of the same degree of botanical
sorting, as well as the legal person established on the territory of that State.
§ 9
The application must include
and) the name or name, surname and residence of the applicant, if
a citizen of the United States, the address of the place of residence in another Member State or in a
a State which is a member of the Union, is a national of another Member State or
a State which is a member of a Union, or business name, or the name, registered office,
where appropriate, the address of the branch in the Czech Republic, the designation
legal form, in the case of a legal person,
(b)), the Latin name of the species from the Czech Republic, or a different degree of botanical
sorting,
(c) the name or a preliminary design) designation of the variety,
(d) particulars of any previous) applications for the grant of rights in
connection with the variety in question,
(e) details of any previous use of) variety,
f) description of the variety.
§ 10
Rights can be granted to a breeder who handed in
The Institute's application for the grant of such rights. If, on the creation of a variety
more breeders together, participated in share rights granted to
the protected variety equally, if a written contract between them
agreed otherwise.
§ 11
The Institute writes a request to list the applications in the order in which they have been
delivered.
§ 12
(1) if it is filed at the Institute more applications for the granting of rights to
the same variety, these rights may be granted only to an applicant who
made the request at the earliest; It should be subject to further in this Act
those conditions to recognise the right of priority deriving from an earlier
submission of the application in any State that is a member of the Union.
(2) if the applicant prior to submitting the request to the Czech Republic in
another Member of the Union shall enjoy the following submission of the application for the same variety in the Czech
Republic for a period of 12 months from the filing of the earlier application in a different Member
The Union of the right of priority) ^ 2, if this right is exercised in a request submitted
Of the Institute. The priority Department of information shall be disregarded, unless the applicant within 3 months
of the request of the Institute submits a certified copy of the earlier
the request, filed in another State that is a member of the Union.
§ 12a
The request for grant of a Community plant variety right ^ 7) may be made
through the Institute. Institute on request shall indicate the date on which it was
the application is filed.
section 13 of the
(1) the Institute shall publish a notice in the Gazette of the central control and test
the Institute of agriculture (hereinafter referred to as "the Gazette")
and) notification of the applications submitted in order of the date of filing of the application and
information identifying the applicant [section 9 (a))],
(b) a design change of the name of the variety) or denomination in the case that
the request contained only preliminary indications of the variety [section 9 (b) (c))].
(2) anyone can oppose at the Institute
and lodged no later than) of the decision,
(b) proposal for a variety denomination) within 3 months from its publication in the
Journal.
(3) objections may be made only on the grounds that
and the conditions are not fulfilled) referred to in § 4 to 6 or in section 8,
(b)) is an obstacle to the admissibility of the name pursuant to § 7 para. 2.
(4) the objection must be made in writing and must contain the
and) the name or name, surname and place of residence of a natural person, or
trade name or name, address, or the address of the business folder
on the territory of the Czech Republic and the designation of the legal status of a legal person, which
objections lodged,
(b) the identification of the subject of objections)
(c) the justification put forward objections,) including the proof of evidence certifying,
the merits of the objections raised.
(5) the Objections referred to in paragraph 2, the Institute tackles by no later than the date of issue
decision. Of objections shall be decided by the Department.
§ 14
(1) the Institute shall examine whether the variety satisfies the requirements as to novelty,
distinctness, uniformity, stability and whether the proposed name meets the conditions
laid down in paragraph 7. Distinctness, uniformity and stability of the vehicle and shall be recorded
laboratory testing. The Institute may use in assessing varieties
the results of the examination of distinctness, uniformity and stability of an established professional
work abroad.
(2) the applicant shall be obliged to
and deliver free of charge material Institute) of the variety necessary for the examination of the variety
referred to in paragraph 1 within a reasonable time limit set by the Institute,
(b)) of the Institute to pay the necessary costs incurred for professional tasks connected
proceedings on the granting of rights.
§ 15
Change in the person of the applicant
In the course of the proceedings on the grant of rights to you can make a change in the
the person of the applicant only with his consent.
section 16 of the
Breeding certificates
(1) the Institute shall grant the applicant the rights to variety and shall adopt the draft name
the varieties of the release of a breeding certificate are subject to the conditions
established by this Act.
(2) the Breeding certificates shall contain the designation of the species to which the variety
belongs, the variety name, first name, surname, permanent residence or business
name, registered office and legal form of the holder of the breeding rights. Part of the
breeding certificates is based on the description of the variety
the results of tests for distinctness, uniformity and stability.
§ 17
Use of the name of the variety
(1) any person who offers or provides to the use of the material of the protected variety
or variety in accordance with § 19 para. 4, is required to use the approved name
variety. If this name is used in written form together with
no trade mark, brand name or other similar indication must
be clearly distinguishable from any such designation.
(2) the name of the protected variety, or of a variety protected in another Member State
or in another State that is a member of the Union, or the name of that name
interchangeable, must not be used for another variety of the same or
relative species.
(3) the provisions of paragraphs 1 and 2 shall apply even for the period after the end of the period
the duration of safeguard rights.
section 18
Check the maintenance of the variety,
(1) the holder of the breeding rights is obliged to ensure the maintenance of the protected
varieties throughout the duration of the protection of the rights to the characters, which is
defined, remained unchanged.
(2) maintain the protected variety Control Department carries out verification
tests.
(3) at the invitation of the Institute is also the holder of the breeding rights must, in
reasonable period of time provided for free of charge by the Institute to deliver material protected
the variety is necessary for carrying out the verification tests.
TITLE IV
THE SCOPE OF PROTECTION OF THE RIGHTS OF
§ 19
(1) the holder of the breeding rights has the exclusive right to use the protected
the variety in the territory of the Czech Republic, which is permission to dispose of the
propagating material of such variety in the following ways:
and production or propagation,)
(b)) for the purposes of propagation, adjustment
c) offering for sale,
d) selling or other putting into circulation, ^ 9)
e) placing on the market in Member States and export to third countries,
f) placing on the market of the Member States and import from third countries,
g) storage for the purposes referred to in points (a) to (f))).
(2) the holder of the breeding rights can provide consent to the use of
the protected variety (the "license") to another person; the licence provides
a written contract, which must include agreement on the price of the license.
(3) the provisions of paragraphs 1 and 2 shall also apply to harvested material
the protected variety, including entire plants and parts of plants if it has been
obtained from the propagating material of the protected variety without licensee's
breeding rights, which could not exercise these rights to that
propagating material.
(4) the provisions of paragraphs 1 to 3 shall also apply to
a) varieties which are essentially derived from the protected variety;
b) varieties which are not distinct from the protected variety,
c) varieties whose production requires the repeated use of the protected variety.
(5) if the protected variety itself essentially derived variety,
are not covered by the exclusive right of the holder of the breeding rights to such
variety on varieties derived from it.
(6) the Varieties are considered to be essentially derived from another variety (hereinafter referred to as
the "initial variety"), if
and) are predominantly derived from the initial variety, or from a variety that is itself
essentially derived from the initial variety,
(b)) are different from the initial variety, and
(c)) except for the differences resulting from the derivation, substantially agree
with the initial variety in the expression of the characters resulting from a particular genotype or
the combination of genotypes of the initial variety.
(7) the essentially derived varieties may be obtained, in particular, by choosing
natural or induced mutations or variations somaklonální, selecting the
a different individual from plants of the initial variety, by crossing or
transformation methods of genetic engineering.
(8) if it is essentially derived variety is a protected variety, is the right to
the holder of the breeding rights to this original variety essentially
derived variety limited to the right to provide the holder of the
breeding rights this variety of license to use. The holder of the
breeding rights essentially derived varieties may with the variety
dispose of only licensed the rights to the original holder of the breeding of the variety.
(9) the infringement of protective rights (paragraph 1) is not a waste
propagating material carried out
and) for research,
(b)) to create other varieties as well as the management of these varieties
with the exception of the varieties referred to in paragraph 4,
(c)) of the natural person for his own use.
§ 19a
(1) a person conducting business in agricultural production ^ 10) (hereinafter referred to as "farmer") is a
may, for the species listed in annex 1 to this Act
use without the consent of the holder of the breeding rights to agricultural production
in his own undertaking ^ 10a) on arable land, which he has owned, lease
or lodgings, material that has won growing on this land
^ 3) propagating material of the protected variety, if this
propagating material is from certified propagating material of ^ 10b),
either immediately or the reproduction, except for
hybrid or synthetic variety (hereinafter referred to as "the farmers of the seed, if applicable
seed "). Farm seed potatoes "means the propagating material
the protected variety, obtained directly from the cultivation of a recognised
propagating material of the protected variety.
(2) when use of a farmer's seed, or seed potatoes referred to in paragraph 1
grower
and) is not limited in the scope of their farming activity on it
used land for the purposes of his undertaking,
(b)) may, where appropriate, the farmers of seed seed edit for the next planting season and
planting either itself or through a person who carries out the editing
such a material business ^ 10) (hereinafter referred to as "processor");
the processor must do so, in order to ensure identity of the product
given to modify with the product have emerged from editing,
(c)) is required to for the use of a farmer's seed, or seed sowing
pay the holder of the breeding or planting rights fair
payment ^ 10 c), which shall be 50% of the usual price of a licence
certified propagating material of the variety concerned; a reasonable
the reimbursement will pay the grower not later than 6 months from the date of
obligations. The obligation to pay the appropriate remuneration for the use of a farmer's
seed, or seed, shall not apply to small growers.
(3) the holder of the breeding rights is entitled to from the growers and
processors require the necessary information that apply to them
used or, where appropriate, the farmářskému seed for planting.
the variety to which the rights granted to the holder of the plant breeding was the protective
rights, and that in writing.
(4) the Grower and processor is obliged to inform the holder of the breeding
rights, at his request, the name or names, last name, place of business and
the identification number of the person (hereinafter referred to as "identification number"), if it was
granted, in the case of a natural person, or the business name or name,
registered office, registration number, if one has been assigned, and the legal form,
in the case of a legal person, and in writing.
(5) the processor is also required to inform the holder of the breeding rights to
his request, the amount of a farmer's seed, or seed, which he was
delivered to modify, as well as the resulting quantity as follows the modified seed
where appropriate, the seed, and the date, location and identification data on the edit
the person for whom the correction was made, and that in writing.
(6) the Farmer is obliged to inform in writing the holder of the breeding rights to
his request
and information about the extent of use) of a farmer's seed or propagating material, including
data on the extent of the use of certified propagating material
the variety in question,
(b)) the data on the processor, for it made the adjustment referred to in paragraph 2
(a). (b)) in the case that modified my seed or propagating material for farmers
alone.
(7) the holder of the breeding rights is obliged to provide the growers
his request in writing to the information about the amount of
and) the remuneration paid to the request referred to in paragraph 2 (a). (c)),
(b)) to the normal price of the licenses in the calendar year for that variety.
(8) the holder of the breeding rights is entitled to claim from the Institute or
The Ministry of agriculture (hereinafter referred to as "the Ministry") information that is
refer to the production, to adjust or to the use of a farmer's seed
where appropriate, the seed variety, which holds breeding rights;
the provision of information may be denied if
and it was not possible to obtain) information within the normal activities of the competent
Administrative Office,
(b)) information can be obtained only with the additional costs,
or
(c) the provision has been tampered with) a special law ^ 11a).
(9) the propagating material of the protected variety shall not be moved from the
growers for processing without the prior consent of the holder of
breeding rights; consent is not necessary if it is to transfer
propagating material for the purposes of editing of a farmer's seed to
the processor, which is written under section 19b paragraph 2. 2.
(10) the Grower and processor is required to provide to the holder
breeding rights to his written request the document, which confirms the
It provided the information referred to in paragraphs 4 to 6.
(11) the breeding rights Holder is entitled to require the information referred to in
paragraphs 3 to 6 and 8 and the fulfilment of the obligations referred to in paragraph 10, in the ordinary
calendar year and for a maximum of 3 preceding calendar years.
(12) the breeding rights Holder who receives information under
paragraphs 3 to 6 and 8, is not permitted without the prior consent of the person who
He provided it, assign it to another person or use it for any other purpose
than to the exercise of the rights protected by this law.
§ 19b
Reporting
(1) the processor, who intends to carry out adjustment of propagating material
varieties protected under section 19(a)(1). 2 (a). (b)), this activity before
the start declare in writing to the Institute.
(2) the Institute keeps a list of the processors referred to in paragraph 1 on the basis of
a written report that contains
a) for natural persons, the name or names, surname, identification
If the number has been assigned, place of residence or address
place of residence and place of business abroad,
(b)) with legal entities, business name or the name, identification number,
If you have been allocated, and the seat.
(3) the Institute shall annually publish a list of the processors in the journal.
section 20
(1) the protective rights do not apply to the handling of material protected
the variety or varieties in accordance with § 19 para. 4, which was the territory of the United
Republic sold or otherwise put into circulation by the holder of plant breeding
the rights or with his license, nor to loading that applies to each of the
the derived material, unless it is a
and the further propagation of these varieties), or
(b) exports of the material of these varieties), which allows their further propagation,
in a country which does not protect varieties of the plant genus or species to which
the variety belongs; This does not apply if this material is intended for final
consumption.
(2) the material of the variety pursuant to paragraph 1:
and) any propagating material of the protected variety,
b) harvested material of the protected variety.
(3) where the variety protected under this Act granted
Community plant variety right may not be valid for the duration of
Community plant variety right applied protective rights granted under
of this Act.
section 21
Compulsory licence
(1) the Ministry of agriculture may be one or more persons in their
proposal to grant a compulsory licence for the use of the protected variety ways according to
§ 19 para. 1, if the holder of the breeding rights refuses to provide
This use of the licence, or a licence to the extent necessary, and if the
the use of this in the public interest. Grant of a compulsory license, the Ministry of
announce of the Institute.
(2) the grant of a compulsory license shall lay down the conditions, time and Department
the range of power use, including the usual price of the license that belongs
the holder of the breeding rights.
(3) each party to the proceedings on the grant of the compulsory licence may 1
year after the grant of the compulsory licence, in writing, request the Ministry about cancellation
or amendment of a decision to grant a compulsory license. The reason for this request
can only be a change in the circumstances on the basis of the decision was
released.
(4) the Ministry may grant a compulsory licence to the essentially derived
on a proposal from the holder of the variety breeding of the variety, if the rights
the holder of the original rights of the breeding of the variety refuses to grant a license
the use of essentially derived varieties, and it is this use of the
the public interest.
(5) if the owner is unable to patent for a biotechnological invention ^ 11b)
exploit it without violating the previously granted the right to a protected
variety, may apply for a compulsory licence for non-exclusive use of this
variety. The Ministry of the compulsory licence shall be granted if the owner of the patent
breeding rights holders unsuccessfully requested to consent to the use of
the protected variety, and unless the invention protected by patent represents
important technical progress of considerable economic interest compared with the
the protected variety. The reasons why the invention protected in comparison with
variety represents significant technical progress of considerable economic
the importance, in particular can be the improvement of the procedures of the
environment, facilitating the use of genetic diversity,
improve the quality, yield, resistance, or the improvement of adaptation to
the specific climatic conditions or environmental conditions.
The amount of the corresponding license fee determined by the Ministry. In this
the case of the holder of the breeding rights the right to a cross-licence
(protilicenci) for the use of a biotechnology invention ^ 11b).
(6) if the holder of the breeding rights granted a compulsory licence to the
the use of a biotechnology invention, the patent owner has the right to
cross-licensing agreement (protilicenci) for the use of the protected variety.
TITLE V OF THE
PENALTIES
section 22
Administrative offences
(1) the Grower or processor is guilty of an administrative offense, by
and communicated to the holder of the breeding rights) at its request, the information referred to in
§ 19 para. 4, or
(b) the holder does not provide the breeding rights) the documents referred to in § 19a
paragraph. 10.
(2) the processor is guilty of an administrative offense that does not notify the holder of the
breeding rights, at his request the information referred to in article 19(a)(1). 5.
(3) the processor that performs editing of propagating material
varieties protected under section 19(a)(1). 2 (a). (b)) is guilty of an administrative
offense that does not report this activity of the Institute.
(4) the Grower is guilty of an administrative offense that does not communicate in writing
breeding rights holder, at his request the information specified in § 19a
paragraph. 6.
(5) the holder of the breeding rights is committed by the administrative offense by
fails to provide the information in writing, growers referred to in § 19a para. 7.
(6) for the administrative offence under paragraphs 1 to 5 shall be fined in the amount of 500
000.
§ 22a
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under this law in the first instance hearing
Institute.
(5) The liability for the acts, which took place in the business
person ^ 12) or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected by the Institute. Income from fines is the State budget revenue.
TITLE VI OF THE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Article 23 of the
The duration of safeguard of the rights of
(1) a trademark right to the protected variety lasts to the end of 25. of the year
following the year in which the protective rights RES
granted; for protected species, varieties of hops, vines and potatoes
protective rights last until the end of 30. the year following the year in
which it was legally granted protective rights.
(2) in the period from submission of application to a final grant protective rights
the variety is acquired the rights to the holder of the right to adequate breeding
compensation from any person, which in this period with a variety of handling
ways that after granting the rights require a license holder
breeding rights.
Fees for the duration of the rights to the protected variety
§ 23a
For the duration of the protection of the rights of a protected variety is the holder of the breeding
rights shall be obliged to pay for the entire duration of the protection of the rights to the protected
the variety fees (hereinafter referred to as "maintenance fees"), chosen by the Institute.
Section 23b
Rates
The rate of renewal fees are set out in the tariff, maintenance
the charges, which is given in annex 3 to this law.
section 23 c
The taxpayer
The taxpayer, the maintenance fees is the holder of the breeding rights.
Section 23d
Exemption from fees
From the payment of maintenance fees is liberated by the Czech Republic.
Section 23e
Maturity maintenance fee
(1) the maintenance fees shall be paid for each year of the duration
rights to the protected variety, from the date of the grant of protection
the rights to the protected variety (§ 16).
(2) maintenance fee is paid without assessment and is payable annually to the
end of the calendar month following the calendar month in which the
its name matches the name of the calendar month in which the
protective rights granted to the protected variety.
Section 23f
Payment of the maintenance fee
(1) a taxpayer shall, for each maintenance fee payments to State
that the protected variety with the payment of the maintenance fee refers to. If you cannot
clearly establish the purpose of the payment, the taxpayer, to reply within
the purpose of the time limit laid down in writing. If the taxpayer fails to comply with this
the challenge, for payment did not occur and the Institute of payment returns.
(2) if the maintenance fee has been paid in due amount
the Institute will invite the taxpayer to pay; to do this, set a time limit of 15 days
from the date of receipt of the request. After expiry of this period, it is considered that the
maintenance fee has not been paid. The Institute, which has not received the payment in
the full amount, the taxpayer returns within 30 days from the date of expiry of the vain
deadline. The provisions of paragraph 4 shall remain unaffected.
(3) maintenance fee can be properly pay the first 1 year before the date of
his maturity. Maintenance fee, which was paid early,
The Institute considers it duly paid only on written application
the taxpayer, it is paid in the amount established by this Act.
(4) If a maintenance fee has not been paid within the prescribed period, or
If that has not been paid in accordance with paragraph 2, may be the taxpayer
In addition to pay, within the period of 6 months from the date of its maturity. In this
the case is the taxpayer required to pay the maintenance fee in the amount of
twice the appropriate rates.
§ 23 g
(1) the Institute paid for maintenance fee returns if none
the obligation to pay; This does not apply if, at the request of the
the taxpayer under Section 23f of paragraph 1. 3 Institute recognized by the maintenance fee, which
not yet due, to be duly paid for.
(2) Institute of returns without a request by the taxpayer in the amount paid for the
maintenance fee more than was required, if this amount is greater than 50
CZK.
(3) the Institute paid for maintenance fee does not return, if after
payment to the demise or cancellation of rights, including
maintenance fee paid under Section 23f paragraph prematurely. 3.
§ 23 h
Method of payment of the maintenance fee
(1) the maintenance fee is charged
and non-cash transfer of) account held at a bank or a branch
a foreign bank or a savings and credit cooperatives, or the holder of the
mail the license to the appropriate account of the Institute,
(b)) by a cash deposit in the cashier of the Institute; on receipt of payment, the Department shall issue
confirmation,
(c)) by cheque.
(2) the Institute shall publish in the Gazette the account number for payment
maintenance fees.
§ 23i
Control
(1) in the maintenance fee cannot be
and waive the deadline) to pay,
(b)) to enable the waiting his payment,
(c)) to allow it to pay in installments.
(2) unless otherwise provided by this Act, shall apply to proceedings relating to
maintenance fees provisions of special legislation
relating to the administration of taxes and fees. ^ 13)
section 23j
Budget specify maintenance fees
Maintenance fees are income for the State budget.
section 24
The transfer of rights
(1) the holder of the breeding rights can safeguard rights to the protected variety
convert a written contract to another person. In the event that the protective rights
to the same protected variety belongs to more than one person, you can share these
rights to convert to any of the spoludržitelů breeding rights
without the consent of the other; to a third party may transfer his fellow
share only in the case that none of the other spoludržitelů not to accept his
a written offer to transfer to 1 month from the date of delivery.
(2) unless otherwise provided for in this Act, apply to the relations between
spoludržiteli breeding rights of the civil code.
(3) the contract of transfer of rights to the protected variety or the Treaty on
transfer of shares rights to the protected variety shall become effective on the date of
entry in the register of protected varieties, held by the Institute that performs
registration after payment of an administrative fee under a special legal
prescription. ^ 14)
§ 25
Demise and abolition of the safeguard of the rights of
(1) a trademark right shall expire expiry of the period laid down by law,
or if the holder fails to pay on time the maintenance of breeding rights
fee even after the invitation within the time limit laid down in the Constitution or in writing to the Institute
reports that are granted protective rights.
(2) before the expiry of the duration of safeguard of the rights of the Department of these rights be revoked
If the protected variety no longer satisfies the conditions of uniformity and stability, or
If the holder fails to comply with an obligation under section 18 rights para. 1
or 3.
(3) if in addition emerged that at the time of breeding
the certificate, which has been finally granted protective rights, have not been
the conditions for granting them, Institute of breeding certificates
cancels; in this case the granted protective rights considered as having
has not been granted.
section 26
(1) the creation, disappearance, cancellation rights, the transfer and any transition
rights to the protected variety, a compulsory licence, change of name,
last name, business name, domicile or registered office of the holder
breeders ' rights shall be entered in the register of protected varieties
leads Department; details about these facts published in the journal of the Institute.
(2) in the "register of protected varieties at the request of the Contracting Parties commit
the granting of a licence pursuant to § 19 para. 2.
Section 26a
(1) to enforce the rights protected by this law shall be entitled to
and breeding rights holder)
(b) the licensee to the protected) of the variety, or
(c) professional organisations authorised to represent) the holder of the breeding
rights.
The licensee may enforce the rights only with the consent of the holder of
breeding rights. Consent is not required, if the holder of
breeding rights itself has not initiated proceedings for infringement or
threats to rights within the time limit of one month from receipt of the notification by the transferee,
violations of or threats to rights.
(2) a person referred to in paragraph 1 (b). a) to (c)) (hereinafter referred to as "authorized
person ") may request information on the origin and distribution networks of
propagating or harvested material of the variety or of the service,
which infringe against the person that violated the rights protected
This law or against the person for the purpose of direct or indirect
economic or commercial benefit
and) propagating material or harvested material of the variety
infringing,
(b) infringing services used),
(c) provide services used in) the infringing activities, or
(d)) has been marked by a person referred to in (a)), b) or c) as a person
involved in the production, processing, storage or distribution of
propagating or harvested material of the variety, or
the provision of services.
(3) the information referred to in paragraph 2 shall contain the
for a natural person) name, surname or business name ^ 14a),
place of residence or of stay, 14b) ^ ^ ^ 14b) and place of business
the vendor, if different from the place of residence or of stay, 14b) ^ ^ ^ 14b),
in the legal entity business name ^ 14a) and, where appropriate, the location of the registered office
branches on the territory of the United States of the manufacturer, processor,
stockholder, Distributor, supplier, or other previous holder
propagating or harvested material of the variety,
(b) details of the quantities produced), manufactured, delivered, stored, received or
quantity ordered and the price received for the propagating material
or harvested material of the variety or of the service.
(4) the provisions of paragraphs 2 and 3 shall remain unaffected by the provisions of the
specific legislation, relating in particular to the provision, use and
protection of information ^ 11a).
section 27 of the
Dispute resolution
(1) disputes arising from legal relations on the basis of this Act,
discuss and decide the courts.
(2) in case of unlawful interference with rights protected by this law,
the person entitled, whose right has been infringed or threatened to pursue
against the rušiteli to this refrain, and removed the offending State.
If this compels suffered damage, the injured party has the right to its
a refund. When non-material injury has damaged the right to adequate
satisfaction, which may consist of: (i) in regard to the performance.
(3) at the request of an authorized person, the competent court may decide to
propagating material or harvested material of the variety, which has been
treated in violation of the exclusive right of the holder of the breeding rights,
He was withdrawn from the market or destroyed, unless the violation of rights may be
removed otherwise and destruction would be disproportionate to the infringement.
If the corrective measures directed to seed
or harvested material of the variety, which is not owned by a person
infringing the exclusive right of the holder of the breeding rights, the Court will consider
the interests of third parties, particularly consumers and persons acting in good
faith.
(4) the person entitled may claim in a Court of claims referred to in
paragraphs 2 and 3 also against intermediaries whose resources
or services are used by a third party to infringe the rights.
(5) the Court may admit the person entitled in the judgment, which the proposal was
granted, the right to publish the judgment at the expense of the infringer, who in
the dispute failed, and according to the circumstances and determine the scope, form and method
publication.
section 28
In the case of deciding to grant protective rights, the Institute shall issue a decision
within 3 months
and) after the tests necessary for decision or after the receipt of the
the results of these tests carried out by other professional departments, and
(b)) after the expiry of the opposition period under § 13 para. 2 (a). (b)).
Transitional provisions
section 29
(1) proceedings in matters of the protection of varieties, which ended before the acquisition
the effectiveness of this law shall be completed in accordance with this Act.
(2) where this Act provides otherwise, the provisions of this
law and legal relations arising from the acquisition of its effectiveness; the emergence of
These legal relations and demands of them occurring before the entry into force of
This Act, however, assessed according to the existing legislation.
(3) the entry into force of this Act arise from the owner of the breeding
the certificate, which has been breeding certificate has been granted under
the existing legislation, the rights and obligations under this Act;
the validity period of such a breeding certificate, however, calculated according to the
Act No. 132/1989 Coll., on the protection of rights to new varieties of plants and
breeds of animals, as amended by Act No. 93/1996 Coll. On the varieties to which
breeding has been granted a certificate of legal
regulations, and that can be under this Act be regarded as a variety essentially
derived, is not covered by the exclusive right of the holder of the breeding rights
a variety that is under this Act deemed eligible original.
section 30
Protective rights may also be granted to varieties whose propagating
material or harvested material, where appropriate, with the breeder was not his
the consent of the sold or otherwise provided to the use of other persons
more than 4 years, and in the case of varieties of trees more than 6 years before the
entry into force of this Act, if it is a variety of genera, or
species or hybrids of the following genera or species, to which the
not covered by the existing legislation. In this case, a request for the grant of
rights, however, must be made within 1 year from the date of
entry into force of this Act and the variety must be at the time of submission of the application
registered in the State varietal book under special legislation ^ 6)
or must enjoy legal protection in the Member of the Union. Duration of protection
rights provided for in § 23 para. 1 in this case reduces the time
calculated from the date of registration of the variety blaufränkisch books to
final grant rights to or by the time calculated from the
the date of the grant of protection of the rights of the variety in a member of the Union to the final
the granting of rights to a variety pursuant to this Act.
section 31
If, before the entry into force of this Act, there was a third party to
the use of the variety of genera or species of plants or hybrids of the following genera
or species, to which the present regulations apply for the protection of the rights of
to the varieties of plants, is the holder of the breeding rights under this Act
This third party is obliged to allow free use of the variety
for a period until the end of the year and the varieties of woody plants by the end of the second year
following the year in which this law came into effect; After
expiry of the said period, the holder is obliged to this breeding rights
a third party to allow more use of the variety for the usual price of the license.
PART TWO
cancelled
§ 32
cancelled
PART THREE
REGULATION (EEC)
§ 33
Shall be deleted:
1. Act No. 132/1989 Coll., on the protection of rights to new varieties of plants and
breeds of animals, as amended by Act No. 93/1996 Coll. and Act No. 206/2000
SB.
2. Decree No. 133/1989 Coll., which implements certain provisions of
Act No. 132/1989 Coll., on the protection of rights to new varieties of plants and
breeds of animals, as amended by Decree No. 513/1991 Coll.
3. Decree No. 134/1989 Coll. issuing the list of economically
notable species and Genera of plants and animals, as amended by Decree No. 515/1991
Coll. and Decree No. 118/1998 Coll.
PART FOUR
The EFFECTIVENESS of the
§ 34
This Act shall take effect on 1 January 2000. February 2001.
Klaus r.
Havel, v. r.
Zeman in r.
Č. 1
List of plant species (section 19a (1))
and) cereals:
Avena sativa l. oats
Hordeum vulgare L. barley
Secale cereale l. Rye
x Triticosecale Wittm. ex a. Camus Triticale
Triticum aestivum l. common wheat
Triticum durum Desf. durum wheat
Triticum spelta l. spelt
(b) the forage plants):
Lupinus luteus l. yellow lupin
Medicago sativa L. Lucerne
Pisum sativum l. Games
Trifolium alexandrinum l. clover
Trifolium resupinatum l. Persian clover
Vicia faba l. Bob
Vicia sativa l. common vetch
c) potatoes:
Solanum tuberosum L. potatoes
d) oil and fibre plants:
Brassica napus l. var. napus rapeseed
Brassica rapa l. rape seed
Linum usitatissimum l. Len (except flax)
Č. 2
Schedule of maintenance fees
Maintenance fee for the duration of the protection of the rights to the protected variety shall be
and for the first year) duration of protection of the rights of 800 €,
(b)) for the second year of duration of the protection of the rights of 800 €,
(c)) for the third year the duration of safeguard of the rights of 800 €,
(d)) for the fourth year the duration of safeguard of the rights of 800 €,
(e)) for the fifth year of the duration of protection of the rights of 1 000 CZK
(f)) for the sixth year of the duration of protection of the rights of 1 000 CZK
(g)) for the seventh year the duration of safeguard of the rights of 1 000 CZK
h) after the eighth year of the duration of protection of the rights of 1 000 CZK
I) for ninth year duration protective rights 1 200 Czk,
(j)) for the tenth year of the duration of protection of the rights of 1 200 Czk,
for the 11th year to) the duration of protection of the rights of 1 200 Czk,
l) per the twelfth year of the duration of protection of the rights of 1 200 Czk,
for the thirteenth year m), the duration of protection of the rights of 1 500 Czk,
n) in the fourteenth year of the duration of protection of the rights of 1 500 Czk,
15th year) for the duration of safeguard of the rights 1 500 Czk,
p) per the 16th year of the duration of protection of the rights of 1 500 Czk,
r) for the 17th year of the duration of protection of the rights of 2 000,-
for the 18th year with) the duration of protection of the rights of 2 000,-
t) for the 19th year of the duration of protection of the rights of 2 000,-
in the twenty-year duration) for the protection of the rights of 2 000,-
in) for each additional year of the duration of protection of the rights of 4 000 CZK.
Č. 3
cancelled
Selected provisions of the novel
Part three of the Act No. 149/2002 Sb.
Transitional provisions
1. If the administrative fee for the validity of a breeding certificate
payable and paid under the existing legislation before the date of
entry into force of this Act, shall be deemed to be duly paid under
This Act, for the entire period for which it was paid.
2. If the administrative fee for the validity of a breeding certificate,
which is payable after the date of entry into force of this Act has been paid
in advance, the fee for the administrative maintenance fee under
This law, if it meets the conditions laid down by this Act.
3. If the administrative fee for the validity of a breeding certificate,
that was payable before the date of entry into force of this Act has been paid
in the specified amount, the taxpayer is required to pay the administrative fee referred to in
the existing legislation; When prompted the Institute to pay administrative
the fee shall be treated under this Act.
4. If the time limit for payment of an administrative fee for the validity of the
the breeding certificate provided for in the existing legislation in vain
has elapsed before the date of entry into force of this Act and the administrative
the fee has been paid in accordance with the existing legislation in the next period
6 months, it is considered that the administrative fee for the maintenance fee
under this Act.
Article. (II) Act No. 184/2008 Sb.
Transitional provision
Control, which was not completed until the date of entry into force of this Act,
completes and the rights and obligations arising therefrom shall be assessed according to the
the existing legislation. Where a decision prior to the date of acquisition
the effectiveness of this law repealed and returned for reconsideration,
under the existing legislation.
1) Article. 3 Council Regulation (EC) No 2100/94 of 27 April 1994. July 1994 relating to the
Community plant variety rights, as last amended.
1A) Council Regulation (EC) No 2100/94.
1B) European Parliament and Council Directive 2004/48/EC of 29 April 2004. April
2004 on the enforcement of intellectual property rights.
2) communication from the Ministry of Foreign Affairs No. 109/2004 Coll., m. s.,
the approach of the Czech Republic to the International Convention for the protection of new varieties of
plants, from 2. December, 1961, as revised at Geneva on 10.
November 1972, 23. October 1978 and 19. March 1991.
3) § 2 (b). b) of Act No. 219/2003 Coll., on marketing of seeds and
seed grown plants and amending some laws (law on the circulation of
seeds and seedlings).
4) section 26 of Act No. 218/2003 Coll.
5) the Convention on international exhibitions in Paris on 22. November
1928, published in the collection of the laws and regulations of the State of Czechoslovakia under the
No 46/1932.
6) § 32 Act No. 218/2003 Coll.
7) § 2 (b). f) of Act No. 92/1996 Coll.
9) for example, § 151b, 628 of the civil code, as amended
regulations.
10) § 2 (2). 2 (a). (d)) of the commercial code.
10A) § 5 of the commercial code.
10B) section 4 of Act No. 218/2003 Coll.
Article 10 c). 14 Council Regulation (EC) No 2100/94 on Community plant variety rights
The community.
11) § 5 of the commercial code, as amended.
11A) Act No. 101/2000 Coll., on the protection of personal data and on amendments
certain acts, as amended by Act No 227/2000 Coll., Act No. 177/2001
Coll., Act No. 350/2001 Coll., Act No. 107/2002 Coll., Act No. 309/2002
Coll., Act No. 312/2002 Coll., Act No. 517/2002 Coll. and Act No.
439/2004 Sb.
11B) Law No. 206/2000 Coll., on the protection of biotechnological inventions and of
Amendment of the Act No. 132/1989 Coll., on the protection of rights to new varieties of plants and
breeds of animals, as amended by Act No. 93/1996 Coll.
Article. 12 of the European Parliament and Council Directive 98/44/EC of 6 May 1999.
July 1998 on the legal protection of biotechnological inventions.
12) § 2 (2). 2 of the commercial code.
13) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
14) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.
14A) Act No. 513/1991 Coll., the commercial code, as amended
regulations.
14B) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amending certain laws, as amended.
15) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
