Amendment Of The Act On The Protection Of The Rights To The Varieties

Original Language Title: změna zákona o ochraně práv k odrůdám

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60781&nr=554~2F2005~20Sb.&ft=txt

554/2005 Sb.



LAW



of 9 June. December 2005,



amending the law No 408/2000 Coll., on the protection of rights to plant varieties

and amending Act No. 92/1996 Coll., on plant varieties, seeds and seed potatoes grown

the plant, in the wording of later regulations, (law on the protection of rights to

varieties), as amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on the protection of the rights to the varieties



Article. (I)



Act No. 408/2000 Coll., on the protection of rights to plant varieties and amending

Act No. 92/1996 Coll., on plant varieties, seed and planting material of cultivated plants,

as amended, (the Act on the protection of the rights to the varieties), in

amended by Act No. 147/2002 Coll., Act No. 149/2002 Coll., Act No.

219/2003 Coll. and Act No. 377/2005 Coll., is hereby amended as follows:



1. § 1, including footnotes 1 and 1a is added:



"section 1



(1) This Act regulates the



and) rights and obligations to plant varieties protected under this Act,



(b) the competence and responsibilities of the institutions) exercise of State administration in the field of

the protection of the rights to the varieties,



(c) the procedure for the grant of protection) of the rights,



(d) maintaining control) varieties, and



(e) imposition of penalties for non-compliance) the obligations laid down in this Act,

that directly applicable European Community regulation ^ 1) confers on the

the competence of the individual Member States of the European Union (hereinafter referred to as "the Member

State ").



(2) This Act regulates the following on directly applicable provision

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").



1) Article. 3 Council Regulation (EC) No 2100/94 of 27 July 1994. July 1994 on the

Community plant variety rights the community, as amended.



1A) Council Regulation (EC) No 2100/94 ".



In section 2, the following new subparagraph (a)), including the footnote No. 2

added:



"and variety variety defined) the International Convention on the protection of new varieties of

plants ^ 2)



2) communication from the Ministry of Foreign Affairs No. 109/2004 Sb. m. s.,

the approach of the Czech Republic to the International Convention on 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. ".



Letters and) to (g)) are renumbered as paragraphs (b) to (h)).)



3. In section 2 (a). (h)), the words "set out in annex 2 to this Act"

replaced by the words "22 hectares".



4. In article 3, the following paragraph 5 is added:



"(5) Protective rights cannot be granted to a variety, which is granted Community plant variety

^ 1a) Community law. ".



5. Footnote No 3 and 6 are added:



"3) § 2 (b). (b)) Act No. 219/2003 Coll. on the putting into circulation of the seed and

seed grown plants and on the amendment of certain laws (law on the circulation of

the seed and seed).



6) section 22 of Act No. 219/2003 Coll. ".



6. section 6, including title and a footnote 4 is added:



"section 6



Uniformity and stability of varieties



The variety satisfies the conditions of uniformity and stability, if it complies with the

requirements of uniformity and stability of the variety, laid down specific legal

Regulation ^ 4).



4) section 26 of Act No. 219/2003 Coll. ".



7. § 7 paragraph 1 reads:



"(1) for the same variety in the Czech Republic used the same name as

It is used in another Member State, or another Member of the Union. ".



8. In section 7 (2). 2 (b)):



"(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 ".



9. section 8:



"section 8



(1) for the submission of the application for grant of plant variety rights (hereinafter referred to as

"the application") shall be entitled to the breeder, who is a citizen of the Czech Republic,

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 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 provides persons of the Member State

or of the members of the Union equivalent protection for varieties of the same instance of the Botanical

sorting, as well as the legal person having a registered office in the territory of that

State. ".



10. In section 9 of the letter a) is added:



"and, where applicable, names) the name, surname and residence of the applicant, if

a citizen of the Czech Republic, 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 citizen of another Member State, or

a State which is a member of the Union, or business name, or the name, registered office,

where appropriate, the address of the business on the territory of the Czech Republic, the designation

legal forms, in the case of a legal person ".



11. In section 12, paragraph. 1, the words "in any Member State" shall be replaced by

the words "in any State that is a member of the Union."



12. In section 12 paragraph 2 is added:



"(2) if the applicant prior to the filing of the application in the Czech Republic the request 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

Union priority ^ 2), where such a right in the application submitted

Of the Institute. The priority, the Institute shall, unless the applicant within 3 months

Since the submission of the application the Institute submits the certified copy of the earlier

the request, filed in another State that is a member of the Union. ".



13. In section 17 paragraph 2 is added:



"(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 a Union, or a name with this name

interchangeable, must not be used for another variety of the same or

relative species. ".



14. In section 19, paragraph. 1, after the words "protected variety", the words "on

the territory of the Czech Republic. "



15. In section 19, paragraph. 1 letters e) and (f)):



"e) the 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 ".



16. In section 19, paragraphs 10 to 16 are deleted.



17. under section 19 shall be inserted a new section 19a and 19b, which including notes below

footnote No. 10, 10a to 10 c and 11a:



"§ 19a



(1) a person operating in the agricultural production of ^ 10) (hereinafter referred to as "grower") is

authorized for the plant species listed in annex 1 to this Act

use without the consent of the holder of the breeding rights to agricultural production

in your own company ^ 10a) on arable land, which he has owned, lease

or lodgings, the material, which she won on this soil cultivation

propagating material of the protected variety ^ 3), if the

the propagating material is from certified propagating material of ^ 10b)

either immediately or from repeated multiplication, with the exception of

a hybrid or synthetic variety (hereinafter referred to as the "farmers ' seed, or

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 by quantitative thresholds in the extent of its production activities on it

used land for the purposes of his undertaking,



(b)) may, where appropriate, the farmer's seed seed for the next planting season and to adjust

planting either itself or through a person who carries out the editing

such material business ^ 10) (hereinafter referred to as "the processor");

the processor must perform the adjustment, in order to ensure identity of the product

the adjustment of the product have emerged from the adjustment,



(c)) is required to for the use of a farmer's seed, or seed sowing

or planting of breeders ' rights holder to pay the reasonable

payment ^ 10 c), which shall be 50% of the usual price of a licence

certified propagating material of the variety concerned; 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 the farm

seed, or seed, shall not apply to small growers.



(3) the holder of the breeders ' rights is entitled to from the growers and

processors require the necessary information relating to them

využívanému or farmářskému, or the seed for planting.

variety, which was granted to the holder of the breeders ' rights protection

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 the name, surname, place of business and

the identification number, if it has been allocated, in the case of a natural person,

or business name, or the name, address, identification 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 obliged to inform the holder of the breeders ' rights to

his request, the amount of a farmer's seed, or seed, which he was

delivered to the treatment, as well as the resulting quantity as follows the modified seed

the seed, if applicable, and the date, location and identification of the adjustment

the person for whom the correction was made, and that in writing.



(6) the breeder is obliged to inform in writing the holder of breeders ' rights to

its a request



and data on 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) data on the processor, which for him made the adjustment referred to in paragraph 2

(a). (b)) in the case of that modified my farm seed, or seed

alone.
(7) the holder of the breeders ' rights shall be obliged to provide the growers

request written information about the amount of



and) the remuneration paid to the request referred to in paragraph 2 (a). (c)),



(b)) of the usual price of the licence in the relevant calendar year for that variety.



(8) the holder of breeders ' rights shall be entitled to require from the Institute,

State phytosanitary administration or the Department of agriculture (hereinafter referred to as

"the Ministry"), the information relating to the production, to adjust or to

the use of a farmer's seed, or seed for varieties for which is

holder of breeders ' rights; the provision of information may be denied,

If you would



and it was not possible to obtain information) within the normal activities of the competent

administrative authority,



(b) it was possible to obtain information) only with the additional costs,

or



(c) the provision was violated) separate legal regulation ^ 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 the

breeders ' 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 registered under section 19b paragraph. 2.



(10) the Grower and processor is required to provide to the holder

breeding rights on the written request of the document, which confirms the

It sdělenou the information referred to in paragraphs 4 to 6.



(11) the breeders ' 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 course of

calendar year and for a maximum of 3 preceding calendar years.



(12) the holder of the breeders ' rights, which receives the information referred to in

paragraphs 3 to 6 and 8, shall not without the prior consent of the person who

It provided, refer it to another person or use it for any other purpose

than to the performance of the rights protected by this law.



§ 19b



Reporting



(1) the processor, who intends to carry out the adjustment of the propagating material

varieties protected under section 19a, paragraph. 2 (a). (b)), this activity before

its starting to report in writing to the Institute.



(2) the Institute keeps a list of the processors referred to in paragraph 1 on the basis of the

a written report that contains



and) for natural persons, the name, or the name, surname, identification

If the number has been assigned, place of residence or address

place of residence and place of business abroad,



(b)) for legal persons, 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.



10) § 2 (2). 2 (a). (d)) of the commercial code.



10A) § 5 of the commercial code.



10B) of section 4 of Act No. 219/2003 Coll.



Article 10 c). 14 Council Regulation (EC) No 2100/94 on Community plant variety rights

The community.



11A) the law No. 101/2000 Coll., on the protection of personal data and amendment

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. 310/2002 Coll., Act No. 517/2002 Coll. and Act No.

439/2004 Coll. ".



18. In section 20, the following paragraph 3 is added:



"(3) where the variety protected under this Act granted

Community plant variety right may not be valid for the duration of the

Community plant variety rights applied protective rights granted under

This Act. ".



19. In § 21. 1 the words "(hereinafter referred to as" the Ministry ") ' shall be deleted.



20. In article 21, the following paragraphs 5 and 6, including the footnotes

No. 11b:



"(5) if the patent owner is unable for a biotechnological invention ^ 11b)

patent use, without previously broke the law to granted 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

unsuccessfully asked the holders of breeders ' rights of consent to the use of

the protected variety, and unless the invention protected by patent is

important technical progress of considerable economic interest compared with the

a 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, practices to facilitate 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

If the holder has the right of breeders ' rights on cross-licence

(protilicenci) to the use of a biotechnology invention ^ 11b).



(6) if the holder of a compulsory licence granted to breeders ' rights to

the use of a biotechnology invention, the patent owner has the right to

cross-licence (protilicenci) to the use of the protected variety.



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 2003.

July 1998 on the legal protection of biotechnological inventions. "



21. the heading of section 22, including:



"§ 22



Administrative offences



(1) the grower or processor has committed misconduct by



and informs the holder of the breeders ' rights), at its request, the information referred to in

§ 19a, paragraph. 4, or



(b) does not hold a breeders ' rights) of the documents referred to in section 19a of

paragraph. 10.



(2) the processor is guilty of misconduct, that informs the holder of the

breeding rights, at his request, the information referred to in article 19a, paragraph. 5.



(3) the processor that performs editing of propagating material

varieties protected under section 19a, paragraph. 2 (a). (b)) commits of the administrative

tort that does not report this activity of the Institute.



(4) the Grower is guilty of misconduct that do not communicate in writing

breeders ' rights holder at his request, the information specified in § 19a

paragraph. 6.



(5) the holder of the breeders ' rights has committed misconduct by

does not provide the information in writing, growers referred to in § 19a, paragraph. 7.



(6) for the administrative offence referred to in paragraphs 1 to 5 shall be imposed in the amount of 500

$ 100. ".



22. under section 22 shall be added to § 22a, including title and notes

line 12:



"§ 22a



Common provisions



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority about him has commenced proceedings to 1 year from the date on which it

learned, but no later than 3 years from the day when 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 of physical

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 Department, and enforced by the locally competent Customs Office. Income from

the fines is the income of the State budget.



12) § 2 (2). 2 of the commercial code. ".



23. In Section 23b, the number "3" is replaced by "2".



24. under section 26 the following new section 26a, which including the footnotes No.

14A and 14b:



"§ 26a



(1) to enforce the rights protected by this law shall be entitled to



and the breeders ' rights holder),



(b)) to the protected variety the licensee, or



(c)), a professional organization authorized to represent the holder of the breeding

rights.



The licensee may enforce the rights only with the consent of the holder of

breeders ' rights. Consent is not required, if the holder of

breeders ' rights itself has not initiated proceedings for infringement or

the threat of the right within a period of 1 month from the service of the notice on the transferee

violations of or threats to rights.



(2) a person referred to in paragraph 1 (b). and (c))) (hereinafter referred to as "the authorized

person ") may request information on the origin and distribution networks

propagating material or harvested material of the variety or of the service,

which is in breach of the law against the person that violated the rights protected

This law or against the person for the purpose of direct or indirect

the economic or commercial benefit



and propagating material or held) harvested material of the variety

infringing,



(b) infringing services used),



(c) to provide the services used in) activities in violation of the law, or



(d)) has been marked by a person referred to in subparagraphs (a) and (b))), or (c)) as a person

involved in the production, processing, storage or distribution of

propagating material or harvested material of the variety, or

the provision of services.



(3) the information referred to in paragraph 2 shall include



and in the case of a natural person) name, surname or business name ^ 14a),

instead of a permanent pobytu1 ^ 4b) or stay ^ 14b) and place of business

the vendor, if different from the place of residence or of stay, 14b) ^ ^ ^ 14)

in the case of a legal person, business name ^ 14a) and, where appropriate, the location of the registered office
organizational folder in the territory of the Czech Republic, the manufacturer of the processor,

storekeeper, Distributor, supplier, or other previous holder

propagating material or harvested material of the variety,



(b)) made, 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).



14A) Law No 513/1991 Coll., the commercial code, as amended

regulations.



14B) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and

on the amendment to certain acts, as amended. ".



25. In section 27. 2, after the words "may" be inserted the word "justified".



26. In section 27, paragraph 3 reads:



"(3) On the proposal of a competent person, the 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 breeders ' 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 violation.

If the corrective measures directed to propagating material

or harvested material of the variety, which is owned by a person

infringing the exclusive right of the holder of the rights, the Court shall take into account the breeding

the interests of third parties, particularly consumers and persons acting in good

faith. ".



27. In section 27, the following paragraphs 4 and 5 shall be added:



"(4) the authorized person may pursue in court claims referred to in

paragraphs 2 and 3, also against intermediaries whose resources

or services are used by third parties for violations of the rights.



(5) the Court may admit the person concerned in the judgment under appeal, that the proposal was

granted, the right to publish the judgment at the expense of the infringer, who in

the dispute failed, and under the circumstances to identify and scope, form and method

publication. ".



28. In section 30 the second and third sentence, the words "Member State" shall be replaced by the words

"member of the Union."



29. the title of Annex No. 1: "the list of plant species (section 19(a)(1). 1) ".



30. Annex 2 shall be deleted.



Annex No 3 is renumbered as annex 2.



PART THE SECOND



FOR THE PUBLICATION OF THE FULL TEXT OF THE ACT



Article II



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 408/2000 Coll., on the protection of rights to plant varieties (the law on the

the protection of the rights to the varieties), as derived from the laws of it changing.



PART THE THIRD



The EFFECTIVENESS of the



Article. (III)



This Act shall take effect on the date of its publication.



Zaorálek in r.



Klaus r.



in the Sobotka in the r..