149/2002 Sb.



LAW



of 20 December. March 2002,



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), and Act No 368/1992 Coll., on administrative fees, as amended by

amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on the protection of rights to plant varieties and on the amendment of Act No.

92/1996 Coll., on plant varieties, seed and planting material of cultivated plants, as amended by

amended (Act on the protection of 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), is amended

as follows:



1. after section 23 the following new section 23a to 23j, which including the following title:



"The fees for the duration of the protection of the rights to the protected variety



§ 23a



For the duration of the protection of the rights to the 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



Rate maintenance fees are set out in the tariff for maintenance

the charges, which is given in annex 3 to this law.



section 23 c



The taxpayer



The taxpayer in the maintenance fees is holder of breeders ' 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

the protection of the rights to the protected variety, from the date of the grant of protection

the rights to the protected variety (section 16).



(2) the first maintenance fee is paid without assessment and is payable to the

end of the calendar month following the calendar month in

which was awarded the rights to the protected variety.



(3) the maintenance fee for the following year is payable without assessment

not later than on the day on which expires the previous year.



Section 23f



Payment of the maintenance fee



(1) the taxpayer is obliged to the payment of maintenance fee for each State

that the protected variety with the payment of the maintenance fee applies. If you cannot

clearly identify the purpose of the payment, the Department will invite the taxpayer to

the purpose of the time limit laid down in writing. If the taxpayer fails to comply with this

the call, to avoid payment and the Institute of payment returns.



(2) if the due maintenance fee has been paid within the prescribed amount,

the Institute will invite the taxpayer to its participants; to set a time limit of 15 days

from the date of receipt of the request. After the fruitless 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 revenue payer returns within 30 days from the date of expiry of the vain

the set time limit. 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 the basis of a written application

the taxpayer, is paid in the amount provided for by this law.



(4) If a maintenance fee has not been paid within the prescribed time limit, or

If that has not been paid in accordance with paragraph 2, may be the taxpayer

Additionally 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 it; This does not apply if, on the basis of the request

the taxpayer under Section 23f of paragraph 1. 3 the Department acknowledged the maintenance fee, which

not yet due, to be duly paid for.



(2) Institute of returns without the application the revenue payer the amount paid for the

maintenance fee more than was required, if this amount exceeds 50

CZK.



(3) the Institute paid for maintenance fee does not return, if after his

payment of the termination or cancellation of the protection of the 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) from account held with the Bank or branch

a foreign bank or a postal license holder on the account

The Institute,



(b) a cash deposit in the cashier) of the Institute; on receipt of payment, the Institute shall issue the

confirmation,



(c)).



(2) the Institute shall publish in the Gazette the number of the account for the payment of

maintenance fees.



§ 23i



The management of



(1) unless otherwise provided in this Act, the maintenance fee



and waive the deadline) to pay,



(b)) allow posečkání with his payment,



(c) to enable its payment) in instalments.



(2) unless otherwise provided by this Act, shall apply to proceedings relating to

maintenance fees provisions of the special legal regulation

relating to the administration of taxes and fees. 13)



section 23j



The budget destination of the maintenance fees



Maintenance fees are income of the State budget. "



2. In section 25, paragraph. 1, the words "administrative fee in accordance with a special Act"

replaced by the words "maintenance fee".



3. the following Annex No 3, which including the title:



"Annex 3



Schedule of maintenance fees



The maintenance fee for the duration of the protection of the rights of the protected variety shall be



and for the first year) duration of protection of the rights of 800 CZK



(b)) for the second year of duration of the protection of the rights of 800 CZK



(c)) for the third year of the duration of the protection of the rights of 800 CZK



(d)) for the fourth year of the protection of the rights of 800 CZK



(e)) for the fifth year of the duration of the 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 of the duration of protection of the rights of 1 000 CZK



(h)) after the eighth year of the duration of the protection of the rights of 1 000 CZK



even in the ninth year of) the protection of the rights of 1 200 CZK



(j)) for the tenth year of the duration of the protection of the rights of 1 200 CZK



for the 11th year to) the duration of the protection of the rights of 1 200 CZK



l) for the twelfth year of the duration of the protection of the rights of 1 200 CZK



m) for the thirteenth year of the duration of the protection of the rights of 1 500 Czk,



n) in the fourteenth year of the duration of the protection of the rights of 1 500 Czk,



15th year) for the duration of the protection of the rights of 1 500 Czk,



p) for the 16th year of the duration of the protection of the rights of 1 500 Czk,



r) for the 17th year of the duration of the protection of the rights of 2 000 CZK



for the 18th year with) the duration of the protection of the rights of 2 000 CZK



t) for the 19th year of the duration of the protection of the rights of 2 000 CZK



the twenty-year duration) for the protection of the rights of 2 000 CZK



in) for each additional year of protection of the rights of 4 000 Czk. ".



PART THE SECOND



Amendment of the Act on administrative fees



Article II



The scale of the administrative charges referred to in the annex to the Act No 368/1992 Coll.,

on administrative fees, as amended by Act No. 10/1993 Coll., Act No.

72/1994 Coll., Act No. 85/1994 Coll., Act No. 273/1994 Coll., Act No.

36/1995 Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No.

301/1995 Coll., Act No. 151/1997 Coll., Act No. 305/1997 Coll., Act No.

149/1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act No.

63/1999 Coll., Act No. 167/1999 Coll., Act No. 167/1999 Coll., Act No.

223/1999 Coll., Act No. 326/1999 Coll., Act No. 349/1999 Coll., Act No.

357/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

46/2000 Coll., Act No. 62/2000 Coll., Act No. 117/2000 Coll., Act No.

133/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

154/2000 Coll., Act No. 156/2000 Coll., Act No. 158/2000 Coll., Act No.

227/2000 Coll., Act No. 241/2000 Coll., Act No. 242/2000 Coll., Act No.

307/2000 Coll., Act No. 365/2000 Coll., Act No. 140/2001 Coll., Act No.

231/2001 Coll., the Act No. 76/2002 Coll., Act No. 120/2002 Coll. and Act No.

146/2002 is amended as follows:



1. item 88:



"Item 88

Submission of the application for grant of plant variety rights (§ 8

and subs. 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

cultivated plants, as amended, (the Act

on the protection of varieties) Czk 1 0.0-".



2. item 89 is repealed.



3. item 90:



"Item 90

Submission of the proposal to grant a compulsory licence (section 21

Act No. 408/2000 Coll.) $ 3 0.0-".



4. item 91:



"Item 91

and Write the changes to the person) of the applicant (section 15 of the Act

No 408/2000 Coll.) $ 500.0-

(b)) Write the contract on transfer of the rights protected

the variety or the transfer of shares to the protective rights

the protected variety (section 24 of Act No. 408/2000 Coll.) CZK 1 0.0-

(c) the registration of a compulsory licence), change of name, surname,

business name, domicile or registered office

the holder of the breeders ' rights or the provision of

the licence (section 26 of Act No. 408/2000 Coll.) CZK-200.0 ".



PART THE THIRD



TRANSITIONAL PROVISIONS



Article. (III)



1. If the administrative fee for the validity of a breeding certificate

payable and paid under the existing legislation before the date of

the entry into force of this law, 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 law, paid
in advance, the fee for the administrative maintenance fee under

This law, if it meets the conditions laid down by this law.



3. If the administrative fee for the validity of a breeding certificate,

that was payable before the date of entry into force of this law, paid

in the specified amount, the taxpayer is obliged to pay the rest of the administrative fee referred to in

the existing legislation; at the invitation of the Institute for the replenishment of the administrative

the charge proceed under this Act.



4. If the time limit for payment of the administrative fee for the validity of

the breeding certificate according to 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

in accordance with this Act.



PART THE FOURTH



The EFFECTIVENESS of the



Article IV



This law shall enter into force on 1 January 2005. June 2002.



Klaus r.



Havel in r.



in the from the. r. Rychetský in