Key Benefits:
Chapter 1 Area of the law
Chapter 2 Notification
Chapter 3 Testing and registration
Chapter 4 Scope of protection
Chapter 5 Administration
Publication of the Law on Plants and Plants 1)
In this way, the law of plant units is announced, cf. Law Order no. 145 of 1. This is March 2001, with the changes that are being made by Section 6 of Law No 2. 967 of 4. December 2002, Section 7 of Law. 1430 of 21. In December 2005 and Section 59 of Law No 1336 of 19. December 2008.
Chapter 1
Area of the law
§ 1. Colts of all the family and species of plants may be protected as plant units if they are protected at the time of the notification of protection ;
1) self-employed, which means that they may be distinguished from any other variety known at the time of notification by one or more properties or combination of properties.
2) adequate uniform,
3) stable in their particular characteristics (main characters) during propagation, as it is carried out within the framework of the reproductive system set by the breeder, and
4) new, whereby propagation material or harvested material of the variety not prior to the notification of the variety owner ' s permit and for the purposes of commercial exploitation of the variety has been offered for sale, sold or otherwise transferred ;
a) In this country for more than a year, or
b) abroad for more than four years or, in the case of vines, trees and their constitutees, for more than six years.
Paragraph 2. Notwithstanding paragraph 1 1, no. 4, considered a black as new,
1) the material of the variety has been sold or transferred ;
a) to an official body for the applicable law,
b) to others pursuant to an agreement or other legal relationship with a view to propagation or processing and storage for purposes of propagation, provided that the consignee has not been entitled to dispose of the material of the variety ; or
c) by a company to another company, provided that one company is owned by the other company, or both companies are owned by a third party, provided that neither of the companies are cooperatives, and
2) where the material or the yield of the variety produced from plants grown for the purposes of experiments or processing, has been offered for sale, sold or transferred to others, provided that it has been done without reference to the variety.
Paragraph 3. Paragraph 2 shall not apply to varieties used for the production of a hybrid variety if repeated use of the variety is required for the production and the material of the hybrid is sold or transferred to others.
§ 2. The Food Minister may, exceptionally, approve a black which does not comply with the conditions laid down in section 1 (1). 1, no. 4, if it exists to have land-use economic interest.
Chapter 2
Notification
§ 3. Notification of a variety for inclusion in the Plantenybility Register shall be submitted to the Plant Board of the Plant of the Plant. If the plant owner is not domiciled or seat in a Member State of the European Union, the notification shall be submitted by a clerk of residence or seat in this country designated by the variety owner.
Paragraph 2. The notifier must be made to the Plantenyity Board, cf. ~ 22, prove your welcome to report the word ~ If the notifier is all-powerful of the plant owner, the notifier shall provide documentation for his authority to represent the plant owner in all matters relating to the notification and registration.
Paragraph 3. The report may require the notifier to determine the information deemed necessary for the examination of the notification and may fix a time limit for this. The other may require material for use by test, cf. section 9, forwarded to specified times.
Paragraph 4. The notification shall be subject to a notification fee.
§ 4. The notification shall be entered in the Journal of the Planting Board immediately after receipt and a copy of the notification shall be returned without delay to the notifier with the Board of Plants and the Planned Board on the introduction. The Board of Plants will publish a notification of the notification.
Paragraph 2. The journal is publicly available. However, this does not apply to information on the genealogical components of hybrids or the description thereof, if the notifier has requested that the information be kept confidential.
§ 5. The Board of Plants may delete a notification of the journal if the notifier does not provide any information or test material that the Board has requested in section 3 (3). 3, before the end of the time limit laid down by the Board.
§ 6. From the time of notification, the notifier has the priority of the notifier to ensure the protection of the variety in relation to others which subsequently notifies the same variety for protection.
Paragraph 2. At the request of the notifier, the Board of Plants may, at the time of the first notification of the variety in a Member State of the International Union for the Protection of Plantties (UPOV), should be notified at the time of the notification, in the case of the first notification of the variety in a Member State of the International Union for the Protection of the filed in the last 12 months. The request shall be made by the notification in this country and shall be accompanied by evidence of receipt of the first notification.
§ 7. As soon as possible after notification has been entered in the journal, the Board of Plant shall carry out a preliminary examination of whether the variety may be considered to satisfy the conditions of protection. If the Board finds that the conditions of protection are deemed to be fulfilled, the Board shall publish a notification of the notification with appeal to possible interested parties prior to a certain period of objections to a person concerned ; registering the variety.
§ 8. The Board of Plants refers objections to the notification of the notifier to report the sorrow for processing by the general courts. The Board shall notify the notification of the case in question.
Paragraph 2. Decisions on the basis of other objections to the publication of the journal and to discontinue the test shall make it public.
Chapter 3
Testing and registration
§ 9. Before a declared black can obtain protection, cf. however, however, section 21, the Board of Plant shall determine whether the variety may be considered to satisfy the conditions of this, including whether it has the specific characteristics referred to in the notification. The Board shall, where necessary, set the test of the variety to determine its basis.
Paragraph 2. The notifier may issue a fee to cover the costs of the jury at a time of the test.
§ 10. If the variety is deemed to satisfy the conditions of protection, the Plantenyity Board shall be absorb in the Plantenacity register under a variety name, as approved by the Food Secretary, as approved by the Food Secretary.
Paragraph 2. The Board of Plant may refuse registration of a variety if the plant owner does not comply with the request of the Board to propose a name for the variety or to propose a new name in cases where the Board of Board finds that it is possible to propose a new name. reported names do not satisfy the conditions of approval.
Paragraph 3. Verses a trial, cf. § 8 (3) I would like to make a comment on this in the Plantenyrity Registry.
§ 11. The plant unit must be designated by the approved variety name. This also applies to the end of the protection.
Paragraph 2. It is permissible to use a surname for the plant variety unit in the name of the variety denomination.
Paragraph 3. After the variety owner's request, the Board of Plant may allow the planting unit to be given a different name than the original approved.
Paragraph 4. The Food Minister provides for the naming of plant devices.
§ 12. At the same time as publication of the registration, Planetyity Board shall compile a protection letter extradite to the notifier against the payment of a registration fee. The protection letter shall be valid for one year and the validity may be extended for one year at a time for 25 years, however, for varieties of potatoes for up to 30 years, calculated from the date of issue of the protection letter, cf. however, section 21 (1). 1.
Paragraph 2. Provision of the protection of the protection shall be made by the payment of an annual registration fee to the Board of Plants.
Paragraph 3. Notwithstanding paragraph 1 1 may the Minister of Food may provide for the extension of the validity of the protection letter for varieties of specified species and houses to be extended for up to 30 years.
Autumn checks
§ 13. The Board of Plants may carry out a check to ensure that the plant owner maintains the plant unit sufficiently.
Paragraph 2. The owner shall provide necessary planting material at the disposal of the Board of Plantencies within the time limits set out by the Board.
Deletion
§ 14. The Board of Plants will delete a plant tenyness of the Plantenyity Registry, if
1) it is shown that the time of registration did not meet the conditions laid down in section 1 for accession,
2) the name of the inspection of the plant must not be sufficiently maintained ;
3) the plant owner in writing is requested by the person concerned ; or
4) the annual registration fee is not paid.
Paragraph 2. Furthermore, the Board of Plant may delete a plant tenacity of the Plant Unit of Plantency if the plant owner does not comply with the request for the Board of the Board,
1) to provide necessary material for the purposes of inspection purposes, or
2) to propose a new name for the variety in the case of which the Board subsequently observed that the approved name does not comply with the provisions laid down by the food minister.
Paragraph 3. The deletion takes place two months after the black owner has received notification of the decision of the Planting Board, unless the plant owner before the end of this period will bring the case to justice.
§ 15. If a plant was destroyed by the Plant's Registry, it will not be rerecorded in the register. The Board of Plants shall publish a communication on the deletion and the reasons for it.
Chapter 4
Scope of protection
§ 16. Material of a plant unit shall only allow the holder of the variety of varieties and only under those conditions, including the payment of a suitable licence fee, as provided for in this,
1) used for vocational production, propagation or treatment and storage for the purpose of propagation ; and
2) are offered for sale, sold, transferred, or stored for sale or transfer.
Paragraph 2. The Minister may provide for the fact that, in the case of a self-employed person in his own holdings the plant units of more specifically specified species must pay the licence fee to the variety owner.
Paragraph 3. The commercial means of a plant variety or of reproduction of propagation material shall give the variety owner the information necessary for the calculation and collection of licence fees.
Paragraph 4. Paragraph 1-3 shall apply mutatis muc;
1) in the case of yield, by the use of material of a plant unit, if the plant owner,
a) have not allowed this use of the material ; and
b) has not had the opportunity to exercise its rights in accordance with paragraph 1. 1 above the material ; and
2) for varieties which :
a) essentially, if this is not the essence of a plant variety, it is derived from a plant unit, if not in the essential part of the report, or
b) are not self-employed in relation to the plant unit, cf. Section 1 (1). 1, no. 1, or
c) may be produced only by repeated use of the plant unit.
Paragraph 5. The Minister for Food may decide that paragraph is not so. Paragraph 1 to 3, subject to the conditions laid down in paragraph 1. 4, no. 1 shall also apply to products derived from material of a plant unit or to the benefit of such products.
Paragraph 6. The terms and conditions laid down in the black market, cf. paragraph 1 may concern only the application and supply as specified in paragraph 1. 1, no. 1 and 2, and the licence fee. The terms must be fair and equal to all producers.
§ 17. Plantties may be freely used for the processing and processing operations.
§ 18. (The case).
§ 19. The owner may first levy charges for the use of a registered adjectzed additional term, cf. Section 11 (1). 2, after the course of 25 years, 30 years respectively, cf. § 12, paragraph 1. 3, calculated from the day of the issue of the protection letter for the plant unit, regardless of whether the registration is maintained throughout the period.
Paragraph 2. k. 1 2) shall not apply to propagation material of a black which is protected here in the country where the propagation material originates in a State that has not protected the variety.
20. Does the Food Minister consider it necessary to ensure the propagation of a plant or to counteract a significant deterioration in the terms of a business branch, the Minister may invite a person of the variety to give one or more persons authorized to : commercial propagation and the sale of propagation material of the plant unit and within a reasonable period of time, even or through other, suitable propagation material. The provisions of section 16 shall apply accordingly.
Paragraph 2. A patent which cannot obtain or exploit a patented invention without violating an old plant protection device may apply for compulsory licence not to exclude the use of the plant unit if the compulsory licence is necessary for the use of it ; invention to be patentable and against the payment of a reasonable licence fee. Forced certificate shall be granted only if the patent holder proves that there is no inaction to the plant variety owner to obtain a licence and that the invention constitutes an important technical progress of significant economic importance in relation to the plant variety.
Paragraph 3. If a blacklist has been granted compulsory licence to use a patented invention, the patent holder shall have the right to obtain reciprocal licensing for the utilization of the plant unit.
§ 21. The terms and conditions referred to in section 16 (1). 1 may be made by the plant owner in the time period from the notifier of a black to its recording in the Plantenyrity Register (the notification period) if the plant owner is notified to the Board of the Plant Board. The protection period in section 12 shall be calculated in this case from the day of the arrival of the notification in the Journal of the Planting Board. The provisions of sections 11 and 20 shall apply mutatis mutilation to the notification period.
Paragraph 2. License charges levied during the notification period shall be inserted by the manufacturer on a restricted account in an institution for the benefit of the variety denunner. The amount shall be released if the variety is included in the Plantenyrity Register. Otherwise, the amount of the deposited amount shall be repaid for the producer including : Accrued interest.
Paragraph 3. If the notification of a variety is withdrawn or the variety shall be rejected from the inclusion in the Plantenyity Registry, the variety may be freely used in propagation. A producer who, during the review period, has used the variety in the form of propagation, must be placed in the same way as using an unprotected variety.
Chapter 5
Administration
§ 22. The Minister for Food, Agriculture and Fishing, Plants and Fishing, set up a name, the Board of Plants, to administer the provisions of Chapter 2 and 3 of the law.
Paragraph 2. The minister shall establish the composition and function of the Board in the Rules of Procedure.
Crow
-23. The decisions of the plantings in accordance with Chapters 2 and 3 may not be brought to the second administrative authority.
Expretensions, etc.
§ 24. If the plant owner is not domiciled or seat in this country, then the services, etc., may be carried out to a full force of residence or seat in this country. In other cases, services shall be provided, etc., in accordance with section 159 of the law on the care of the court.
Fees
§ 25. The Minister for Food may lay down provisions for
1) fees to cover the costs of processing notification, cf. Section 3, paragraph 3. 4, and by extension of the validity of the protection letter, cf. § 12, paragraph 1. 2, as well as for whole or partial coverage of the costs of testing, cf. Section 9 (1). 2,
2) interest rates for late payment of fees, and
3) Charges for memory letters.
Penalty and compensation regulations, etc.
SECTION 26. The one that violates paragraph 16, paragraph 1. One, three or four, punished by fine. The withdrawal of the aforementioned provisions shall be subject to a private address.
Paragraph 2. In addition, the penalty shall be penalised,
1) in violation of section 11 (1). 1, or
2) omits to comply with the porifis granted under Section 20.
Paragraph 3. In accordance with the provisions of section 11 (2), 4, and section 16 (4). EUR 2 and 5 may be punished for the penalties provided for in the provisions of the provisions of the regulations. Compliance with the rules shall be laid down in section 16 (3). 2 and 5 shall be subject to private claims.
Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
§ 26 A. The one intentionally or negligently violates the right of a variety right to a plant unit, shall pay
1) a reasonable remuneration for the uproog for exploitation and
2) a replacement for the prejudicing of the additional damage caused by the infringement.
Paragraph 2. By fixing the compensation provided for in paragraph 1. 1, no. In particular, account shall be taken of, inter alia, the loss of profit and the loss of unjustified profits by the wronged by the offence.
Paragraph 3. In matters covered by paragraph 1. In addition, a compensation may be provided to the injured non-economic injury.
Section 26 b. In order to prevent further violations, the right may, in the case of a judgment, determine that a product violating a protected plant protection shall be ruled by the court, in the case of judgment, in the case of a judgment, in particular :
1) revoked from trade ;
2) definitively removed from trade ;
3) destroyed ;
4) extradited to the exuted or
5) shall be amended in a more precise manner.
Paragraph 2. Paragraph 1 shall apply mutatis mutines to materials, utensils, etc., which have primarily been used for the illegal exploitation of a plant unit.
Paragraph 3. The measures referred to in paragraph 1 1 shall be implemented without compensation to the violation and shall not affect a possible replacement to the wronged. The measures shall be carried out on behalf of the infringement, unless special reasons are opposed to such measures.
Paragraph 4. By a judgment on measures taken in accordance with paragraph 1. 1 shall take into account the relationship between the level of the violation, the ordered measures and the interests of third parties.
Paragraph 5. The court may, where an assertion has been made, authorize the violation of the provisions referred to in paragraph 1. 1 and 2 of these products, materials, utensils, and similar. In the time the variety enjoys protection, or a part of this against a reasonable remuneration. However, this applies only if :
1) the offender has not acted intentionally or negligently ;
2) the measures taken pursuant to paragraph 1 would damage this disproportionate amount and
3) a reasonable remuneration is sufficient.
§ 26 c. In a judgment, whereby someone is sentenced to paragraph 26 a or a paragraph 26 b, the court may claim that the judgment be published in its entirety or in deductions.
Paragraph 2. The obligation for the publication shall be the subject of the violation. The publication shall be carried out on behalf of the offence and in such a prominent manner as to which it is reasonably possible.
§ 26 d. The provisions of section 26 a-26 c shall apply by analogy to infringements of plant units protected pursuant to Council Regulation (EC) 2100/94 of 27. July 1994 on Community plant variety rights.
The entry into force, etc.
§ 27. The law shall enter into force on 1. January 1988.
Paragraph 2. At the same time, no 205 of 16. June 1962 on the protection of the breeding rights of plants.
Paragraph 3. Provisions established in accordance with paragraph 1. 2 the said law shall remain in force until they are repealed by the Agriculture and Fisheries Minister. The violation of the provisions shall be punished by fine.
§ 28. The provision in section 19 (1). 3 3) , apply to :
1) plan units to be registered on 1. January 1988, or later, and
2) recorded plant units in which the plant owner, following the entry into force of the law, is taking advantage of the access to an extended protection period referred to in section 12.
§ 29. The law does not apply to the Faroe Islands and Greenland.
§ 2
The law shall enter into force on 1. January 1995.
§ 2
Paragraph 1. The law shall enter into force on 1. January 1996.
Paragraph 2. Section 1 (1). 3, as drawn up by the paragraph 1 of this law. 2 shall not apply to varieties declared for protection no later than the 31. December 1995.
Paragraph 3. section 16 (4). 4, no. 2, as drawn up by the paragraph 1 of this law. 11, shall apply only to varieties not before 1. January 1996 has been transferred to an official body for the purposes of law, or with the permission of the variety owner and for the purposes of commercial exploitation of the variety, sold, sold or otherwise transferred.
§ 6
The law shall enter into force on the 30. July 2000.
§ 7
Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 2.
Paragraph 2. Section 1-4 may, by means of a royal device, be brought into force for these parts of the village, with the deviations which are used by the special ferry and Greenlandic conditions.
§ 8
The law shall enter into force on 1. January 2003.
§ 8
The law shall enter into force on the 31. January 2006.
§ 9
Paragraph 1. The law does not apply to the Faroe Islands and Greenland.
Paragraph 2. sections 1 to 3 and 5 may, by means of a royal contraption, be fully or partially put into force for these parts of the village, with the deviations which the particular ferocities and Greenland conditions say.
Paragraph 3. Section 6 may, in full or in part, be given in force to Greenland with the deviations from which the special Greenland conditions are attributed.
§ 167
Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2. Section 11 shall apply only to decisions on the retention of pay, which shall be taken after the entry into force of the law.
Paragraph 2. The tax minister shall determine the entry into force of § 9, § 99, nr. 3, section 103, section 109, no. 4 and 5, § 117, nr. 4, section 118, nr. 1, § 136, nr. 1, 3 and 4, section 144, nr. One and two, section 148, no. 2 and section 149, nr. 2.
1) The law provides for the implementation of parts of Directive 98 /44/EC of the European Parliament and of the Council of 6. July 1998, on the legal protection of biotechnological inventions (EC Official Journal, nr. L 213, s. 13) and provisions which implement parts of Directive 2004 /48/EC of the European Parliament and of the Council of 29. April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004) In 195, s. 15).
2) Law no. 967 of 4. December 2002 is the numbering of paragraph 1. 2 and 3 in section 19 changed to paragraph 1. 1 and 2, without the impact of the execution of the reference in the former paragraph ; 3 for the previous paragraph. 2.
3) By law no. 1086 of 20. December 1995 became paragraph 1. 3 to paragraph 1. 2, cf. note 3.
4) Where in section 12, paragraph 12? ONE, TWO. Act. read.
5) Why, section 1, paragraph 1? Paragraph 1 (1) shall be replaced by the following : 2 and 3, insert, section 2, section 3, section 3. ONE, TWO. pkt., amended, section 9 is replaced by paragraph 10 (10). The first paragraph is replaced by paragraph 10. Two, insert, section 12, paragraph 12. Three, insert, section 14, paragraph 14. Article 14 (2) shall be replaced by the following : The third paragraph is amended, section 16 is replaced by paragraph 17, Section 18 is deleted, section 19 (1). 1, repealed, Section 19 (1). Two-four, that is paragraph 1. One-three, change, paragraph 20 is replaced by the text of paragraph 21 (1). Paragraph 22 is replaced by the text, section 25, section 26 (6). 1, amend, section 26 (4). 2, no. Article 26 (2) shall be replaced by the following : 3, amended.
6) How, section 20, paragraph 20? 2 and 3 are replaced by the text.
7) How, section 19, paragraph? Paragraph 1 shall be deleted and paragraph 1. 2 and 3 became paragraph 1. One and two, section 20. paragraph 1 is replaced by paragraph 22, section 23, and section 26 (3). 2, no. 2 is amended.
8) Where the footnote to the title of the law is replaced by the text and section 26 a-26 d is inserted.
9) How, section 25, paragraph? 2 is deleted.
