Announcement Of Law On Plant News

Original Language Title: Bekendtgørelse af lov om plantenyheder

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123418

Overview (table of contents) Chapter 1 Law area

Chapter 2 review

Chapter 3-examination and registration

Chapter 4 scope of protection

Chapter 5 Administration The full text of the Ordinance to the law on plantenyheder1)

Hereby promulgated law on plant varieties, see. lovbekendtgørelse nr. 145 of 1. March 2001, with the changes imposed by section 6 of the law No. 967 by 4. December 2002, section 7 of the Act No. 1430 by 21. December 2005 and section 59 of law No. 1336 of 19. December 2008.

Chapter 1

Law area

§ 1. Varieties of all genera and species of plants can be protected as a plant breeder, if at the time of notification of protection is





1) independent, meaning that they know one or more attributes or combination of properties can be distinguished from any other variety, which is known at the time of notification,

2) sufficiently uniform,

3) stable in their special properties (the main characters) under multiplication, as this is carried out within the framework of the reproductive system, the breeder has indicated, and

4) new, meaning that propagating material or harvested material of the variety has not prior to notification of the Office owner's permission and for the purpose of commercial exploitation of the variety has been offered for sale, sold or otherwise disposed of





(a)) in this country in more than a year, or

b) abroad in more than four years or, in the case of vines, trees and their rootstocks, in more than six years.









(2). Notwithstanding paragraph 1, no. 4, is considered a black like new,





1) even if the material of the variety has been sold or transferred





(a)) for an official body of statutory purposes,

(b)) to the other pursuant to agreement or other legal relationship solely for the purpose of reproduction or processing and storage for the purpose of propagation, provided that the recipient has not been entitled to dispose of material of the variety, or

(c)) by one company to another company if one company owned by another company, or both companies are owned by a third company, provided that none of the companies are cooperatives, and





2) if material or harvested material of the variety produced from plants grown for the purpose of testing or processing, have been offered for sale, sold or disposed of to others, provided that this has been done without regard to the variety.





(3). Paragraph 2 shall not apply to varieties used for the production of a hybrid variety, if repeated use of the variety is necessary for production, and material of hybrid variety is sold or disposed of to others.

§ 2. Agriculture Minister may exceptionally approve, that a black who does not fulfil the conditions set out in article 1, paragraph 1, no. 4, protected, if it is found to have agricultural economic interest.

Chapter 2

Review

§ 3. Review of a variety for inclusion in the register shall be submitted to the Plant the plant News News the Board of variety owner. The Office owner does not have domicile or seat in a Member State of The European Union, must review submitted by a clerk with domicile or seat here in the country designated by the Office owner.

(2). The notifier shall Plant News Board, see. § 22, demonstrate its title to review the variety. If Notifier is a proxy for the Office owner, the notifier shall provide evidence of its authority to represent the Office owner in everything concerning the notification and registration.

(3). The Committee may ask the notifier the information deemed necessary for the examination of the notification, and may fix a time limit for doing so. The Board may further require material for use in testing, see. § 9, forwarded to the specified time points.

(4). By notification payment notification fee.

§ 4. The notification shall be entered in the Plant News Board's diary immediately after receipt and a copy of the notification shall be returned immediately to the notifier with Plant News Board on introduction. The Tribunal will publish a notice of the plant news notification.

(2). The diary is publicly available. However, this does not apply to information about hybrid varieties genealogical components and description thereof, if the notifier has requested that the information be treated as confidential.

§ 5. Plant News Board can delete a review of the diary, if the notifier does not appear with information or examination material, which the Board has required under section 3, paragraph 3, before the expiry of the time limit, the Tribunal has laid down.

§ 6. From the time of notification, the notifier has the right of first refusal to obtain protection of variety compared to others that are subsequently reviewed the same black for protection.

(2). At the request of the notifier can plant News Board attach the notification priority from the time of the first review of the variety in a Member State of the International Union for the protection of new varieties (UPOV), if the first notification is filed within the past 12 months. The request shall be made by notification in this country and must be accompanied by proof of the date of receipt of the first review.

§ 7. As soon as possible after the notification is introduced in the diary, Plant News Board make an initial examination of the variety can be considered to fulfil the conditions for protection. Find the Board after that examination, that the conditions for protection must be deemed to be fulfilled, the Board shall publish a notice regarding the notification with the call for possible interested in a certain period of time to submit objections to the registration of the variety.

§ 8. Plant News Board refer objections relating to the notifier's title to review the variety of treatment by the ordinary courts. The Committee shall be informed of the legal action, it must give notification shall record the fact.

(2). The Board decides on the basis of other objections to let notification be deleted from the diary and to cease the testing, publishes the notice.

Chapter 3

Testing and registration

§ 9. In a reported black can obtain protection, see. However, section 21, to Plant News Board ascertain whether the variety can be considered to fulfil the conditions, including whether it has the special properties that are mentioned in the notification. The Committee shall, as necessary, the testing of the variety to the finding thereof.

(2). The notifier may be charged a fee to cover the Board's costs of a trial.

§ 10. Can the variety shall be deemed to fulfil the conditions for protection, recorder Plant News Board variety in Plant news register under a varietal name, as it has been approved in accordance with the rules laid down by the Agriculture Minister.

(2). Plant News Board can refuse registration of a variety whose Office owner does not, before the expiry of a time limit to comply with the Board's invitation to propose a name for the variety in question or to propose a new name in cases where the Committee finds that the notified name does not meet the conditions for approval.

(3). Pending a trial, without prejudice. § 8, paragraph 1, it should be note that effect in Plant News Register.

§ 11. The plant variety must be designated with the authenticated name of the variety. This shall also apply after the termination of protection.

(2). It is permissible to use an additional term for the plant variety in relation to the varietal name.

(3). After the Office owner's request can plant news in special cases the Committee may allow the plant variety shall be assigned a different name than that originally approved.

(4). Agriculture Minister lays down provisions concerning the naming of plants.

§ 12. At the same time as the publication of the registration shall Plant News Board a letter issued to the notifier protection against payment of a registration fee. Letter of protection has a validity of one year, and the validity can be extended for one year at a time for up to 25 years, however, in the case of varieties of potatoes for up to 30 years from the date of issuance of the letter of protection referred to in article 6. However, article 21, paragraph 1.

(2). Extension of the validity of the letter of protection shall be effected by the deposit of an annual registration fee to Plant News Board.

(3). Notwithstanding paragraph 1, the Agriculture Minister, to lay down rules on the validity of the letter of protection for varieties of specified species and Genera can be extended for up to 30 years.

After checking

§ 13. Plant News Board can conduct a verification to ensure that the Office owner maintains the plant variety right enough.

(2). The Office owner must make appropriate plant material available to Plant News Board for control within the time limits, the Tribunal shall determine.

Removal from the register

§ 14. Plant News Board deletes a plant variety of Plant News Register, if





1) it is established that the plant variety at registration did not meet the conditions in paragraph 1 for admission,

2) Board by following the control finds that the plant variety is not adequately maintained,

3) the Office shall request the Board to that effect in writing to the owner, or

4) the annual registration fee is not paid.





(2). The Board may also delete a plant news plant novelty of Plant News Register, if the owner is not the Office before the expiry of a time limit to comply with the Committee's request for





1) to provide necessary material available to the Committee for use in the verification or
2) to propose a new name for the variety of cases in which the Committee subsequently noted that the approved name does not comply with the provisions laid down by the Agriculture Minister to that effect.





(3). Deletion happens 2 months after the owner of the Office has received notification of the Board's decision, unless the Office news Plant owner before the expiry of this time-limit shall bring the matter before the Court.

§ 15. A plant variety is deleted by Plant News Register, it cannot again be entered in the register. The Board publishes a news release about planting the deletion and the reasons for doing so.

Chapter 4

Scope of protection

§ 16. Material of a plant variety may only with the consent of the owner of the variety and only on the conditions, including the payment of an appropriate royalty, as this has provided,





1) used for commercial production, reproduction or treatment and storage for the purpose of propagation, and

2) offered for sale, sold, transferred or held with a view to sale or transfer.





(2). Agriculture Minister may lay down rules to the effect that also the purely for professional use in own holding propagates plants of specified species, must pay a license fee to the owner of the Office.

(3). The professionally propagates a plant variety or sell propagating material thereof, the Office must notify the owner with the information necessary for the calculation and collection of the licence fee.

(4). Paragraphs 1 to 3 shall apply accordingly





1) for yield provided by the use of material of a plant variety, if the Office owner





(a)) have not allowed such use of the material, and

(b)) have not had the opportunity to exercise its rights under paragraph 1 of the material, and





2) for varieties





(a)) essentially derived from a plant variety, even if it is not, in essence, is a derived variety, or

(b)) are not independent in relation to the plant variety, see. section 1, paragraph 1, no. 1, or

(c)) can only be produced by repeated application of the plant variety.









(5). Agriculture Minister may provide that paragraphs 1 to 3, subject to the conditions laid down in paragraph 4, no. 1, also apply to products produced from material of a plant variety or the proceeds thereof.

(6). The owner establishes the Office conditions, see. paragraph 1 may relate only to the use and supply as specified in paragraph 1, no. 1 and 2, as well as the license fee. Conditions shall be fair and equal for all producers.

§ 17. Plants can be freely used for test and selection work.

§ 18. (Repealed).

§ 19. The Office owner can only charge the fee for the use of a trademarked name, see additional section 11, paragraph 2, at the end of 25 years, respectively, 30 years, see. Article 12, paragraph 3, with effect from the day of issuance of the letter of agreement for plant variety protection, regardless of whether the registration is maintained throughout the period.

(2). Paragraph 12) shall not apply to propagating material of a variety that is protected in this country, if the reproductive material originates in a State that does not have the protected variety.

§ 20. Agriculture Minister considers it necessary in order to ensure a plant news dissemination or to counteract a significant deterioration in terms of industry, the Minister may order the owner of the variety to give one or more persons permission for commercial multiplication and sale of reproductive material of the plant variety right and within a reasonable time either themselves or through others to accommodate orders of suitable material. The provisions of section 16 apply accordingly.

(2). A patent holder cannot acquire or exploit a patented invention without infringing a prior PBR, may apply for a compulsory licence for non-exclusive use of the plant variety, if the compulsory licence is necessary for the exploitation of the invention, to be patentable, and against payment of an appropriate royalty. A compulsory licence may be granted only if the proprietor of the patent proves that in vain is contacted the Office owner in order to obtain the license, and that the invention represents a significant technical progress of considerable economic significance in relation to the plant variety.

(3). Have a variety owner after the row got a compulsory licence to exploit a patented invention, the patentee has the right to on reasonable terms to achieve mutual license for the exploitation of the plant variety.

§ 21. The conditions referred to in section 16, paragraph 1, may be invoked by the Office owner in the period between the notification of a variety to his inclusion in the Plant News Register (notification period), if the owner gives notice to the Plant variety News Board. The protection period in section 12 shall be calculated from the date of the message, in this case the introduction of Plant News Board's diary. The provisions of §§ 11 and 20 shall apply mutatis mutandis in the notification period.

(2). Licence fees levied in the notification period, the manufacturer is inserted into a blocked account in a financial institution for the benefit of the owner of the variety. The amount shall be released if the variety shall be recorded in the register of plant news. Otherwise, the deposited amount shall be refunded to the producer including. accrued interest.

(3). Pulled the notification of a black back, or rejected the variety from the inclusion in the register, the variety of plant news freely used by multiplication. A manufacturer that in the notification period has used the variety by reproduction, must be treated in the same way as by the use of an unprotected black.

Chapter 5

Administration

§ 22. The Minister of food, agriculture and fisheries should establish a Board, Committee, to manage the plant news provisions in Chapter 2 and 3.

(2). The Minister shall determine the composition and function of the Board in the Board's rules of procedure.

Complaint

§ 23. Plant news decisions after chapter 2 and 3 cannot be brought before another administrative authority.

Service, and more.

§ 24. The Office owner does not have domicile or seat here in the country, documents, etc. can be made to an administrative officer with domicile or seat in this country. In other cases, documents, etc. is done in accordance with the provisions of section 159 of the Act on the Court's care.

Fees

§ 25. Agriculture Minister may lay down rules on





1) fees to cover the costs of treatment of notifications, see. section 3 (4), and by extension of the validity of the letter of protection referred to in article 6. Article 12, paragraph 2, as well as for total or partial coverage of expenses on testing, see. § 9, paragraph 2,

2) interest rate by late payment of fees, and

3) fees for reminders.





Criminal and civil provisions, etc.

section 26. Whoever violates section 16 (1), (3) or (4), be punished by a fine. Violation of the above provisions is subject to a private reprimand.

(2). Furthermore, the one who is being punished by a fine





1) violate section 11, paragraph 1, or

2) fails to comply with orders issued pursuant to section 20.





(3). In regulations issued under section 11, paragraph 4, and section 16, (2) and (5) can be fixed penalty of fines for violation of the provisions of the legislation. Violation of requirements established pursuant to section 16 (2) and (5) shall be subject to the private reprimand.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

section 26 (a). Anyone who intentionally or negligently violates a variety a plant variety right, the owner must pay





1) an equitable remuneration to the injured for the exploitation and

2) a replacement for the injured for the further injury which the infringement has caused.





(2). When determining compensation in accordance with paragraph 1, nr. 2, shall take into account, among other things. the English lost profit and infringe's unwarranted profits.

(3). In cases covered by paragraph 1, there shall be established a compensation to the injured party for non-economic damage.

section 26 (b). In order to prevent further violations, the Court may, if there are claims to this effect, by judgment, inter alia. determine that a product that infringes a protected plant variety,





1) withdrawn from market

2) definitively removed from the trade,

3) destroyed,

4) handed over to the injured or

5) changed in the specified manner.





(2). Paragraph 1 shall apply mutatis mutandis to the materials, utensils etc., who primarily has been used for illegal exploitation of a plant variety.

(3). The measures provided for in paragraph 1 shall be carried out without compensatory payment to the infringer and shall be without prejudice to a possible replacement to the injured. The measures to be implemented for violating's expense, unless special reasons to the contrary.

(4). By a judgment of measures pursuant to paragraph 1, the Court must take into account the relationship between the seriousness of the measures ordered, and third party interests.

(5). The Court may, if there are claims thereof, give permission to dispose of the infringer referred to in paragraphs 1 and 2 products, materials, tools etc. at the time, variety is protected, or a part of this mod an equitable remuneration. This applies, however, only if the





1) the infringer neither has acted intentionally or negligently,

2) the measures provided for in paragraph 1 would damage this disproportionately and
3) an equitable remuneration is sufficient.





section 26 (c). In a judgment, by which anyone convicted under section 26 (a) or section 26 (b), the Court may on request decide that the judgment must be published in its entirety or in part.

(2). The duty of publication shall be the responsibility of the infringer. The publication should happen to violate's expense and in such a prominent way, as it can reasonably be required.

section 26 d. Provisions of § § 26 a-26 c shall apply mutatis mutandis for infringement of plant breeder, which is protected in accordance with Council Regulation (EC) 2100/94 of 27. July 1994 on Community plant variety rights.

Entry into force, etc.

§ 27. The law shall enter into force on the 1. January 1988.

(2). At the same time repealed Act No. 205 of 16. June 1962 on the protection of breeder's rights for plants.

(3). Provisions adopted in accordance with the law referred to in paragraph 2 shall remain in force until they are repealed by the agricultural and fisheries. Violation of the provisions is punishable by a fine.

section 28. The provision in section 19, paragraph 33), applies to





1) plant news, recorded the 1. January 1988 or later, and

2) registered plant news, where the entry into force of the Act on the Office owner after exploiting the access to an extended period of protection referred to in article 12.





section 29. The law does not apply to the Faroe Islands and Greenland.




Act No. 1107 of 21. December 19944) amending the law on plant news includes the following entry-into-force provision:



§ 2

The law shall enter into force on the 1. January 1995.




Act No. 1086 by 20. December 19955) amending the law on plant news includes the following entry-into-force provisions, etc.:



§ 2

(1). The law shall enter into force on the 1. January 1996.

(2). section 1, paragraph 3, as amended by this Act, section 1, no. 2, shall not apply to varieties which are notified to the protection at the latest by 31 March. December 1995.

(3). section 16, paragraph 4, nr. 2, as amended by this Act, section 1, no. 11, applies only to varieties that are not before the 1. January 1996 have been handed over to an official body for statutory purposes, or with the owner's permission and the Office for the purpose of commercial exploitation of the variety has been offered for sale, sold or otherwise disposed of.




Act No. 412 of 31. may 20006) amending existing, trademark law, the law on utility models, etc., Act on patterns and law on plant news includes the following entry-into-force provisions, etc.:



§ 6

The law shall enter into force on the 30. July 2000.

§ 7

(1). The law does not apply to the Faroe Islands and Greenland, without prejudice. However, paragraph 2.

(2). § § 1-4 may, by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.




Act No. 967 by 4. December 20027) amending the law on the administration of the European Community regulations on market organisations for agricultural products, etc. with more laws (redevelopment of boards and committees at the Ministry of food, agriculture and Fisheries, etc.) contains the following entry-into-force provision:



§ 8

The law shall enter into force on the 1. January 2003.




Act No. 1430 by 21. December 20058) amending existing, copyright law with more laws (Implementation of EC Directive 2004/48/EC on the enforcement of intellectual property rights) includes the following entry-into-force provisions, etc.:



§ 8

The law will enter into force on 31 December 1996. January 2006.

§ 9

(1). The law does not apply to the Faroe Islands and Greenland.

(2). sections 1-3 and 5 may, by Royal Decree in whole or in part is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.

(3). § 6 may by Royal Decree in whole or in part be put into force for Greenland of the variances, as the special Greenlandic conditions warrant.




Act No. 1336 of 19. December 20089) section 59 relating to article 25, paragraph 2 of the law on plant varieties. The law is a consequence of the law on the recovery of debt to the public, and entails waiver of provisions for recovery in the specific legislation. The law includes the following entry-into-force provision:



section 167

(1). The law shall enter into force on the 1. January 2009, see. However, paragraph 2. § 11 shall only apply to decisions relating to attachment of earnings orders taken after the entry into force of the Act.

(2). Tax Minister shall determine the time of the entry into force of § 9, § 99, no. 3, § 103, § 109, no. 4 and 5, § 117, no. 4, § 118, no. 1, section 136, nr. 1, 3 and 4, section 144, no. 1 and 2, § 148, no. 2 and section 149, nr. 2. Ministry of food, agriculture and fisheries, the 12. March 2009 Eva Kjer Hansen/Dorthe Nielsen Official notes 1) Act contains provisions implementing parts of the European Parliament and Council Directive 98/44/EC of 6 May 2003. July 1998 on the legal protection of biotechnological inventions (the official journal of the European communities 1998 No. L 213, p. 13) and provisions implementing parts of a European Parliament and Council Directive 2004/48/EC of 29 April 2004. April 2004 on the enforcement of intellectual property rights (Official Journal of the European Union 2004 nr. L 195, p. 15).

2) of law No. 967 by 4. December 2002 is numbering of paragraphs 2 and 3 of section 19 amended paragraphs 1 and 2, without that there has been consistency fix for the reference in the former paragraph 3 to the former paragraph 2.

3) By law No. 1086 by 20. December 1995, paragraph 3, paragraph 2, of the basic regulation. Note 3.

4) Whereby § 12 (1), (2). paragraph is replaced by the following.

5) Whereby § 1, paragraph 1, is replaced by the following, section 1, paragraphs 2 and 3 shall be added to § 2 shall be replaced by the following, section 3 (1), (2). paragraph, modified, § 9, § 10, is replaced by paragraph 1, is replaced by the following, section 10, paragraph 2 shall be added to article 12, paragraph 3 shall be added to article 14, paragraph 2, shall be replaced by article 14, paragraph 3, be amended, § 16 is replaced by the following, section 17 is replaced by the following, section 18 is repealed, section 19, paragraph 1, shall be repealed, section 19, paragraphs 2 to 4, there are paragraphs 1-3, be amended, section 20 is replaced by the following, section 21 (1) be amended, in section 22 is replaced by the following, section 25 is replaced by the following, section 26 (1) be amended, in section 26 (2). 2, is replaced by the following and section 26, paragraph 3, be amended.

6) Whereby section 20, paragraphs 2 and 3 shall be replaced by the following.

7) Whereby section 19 (1) and (2) and (3) were (1) and (2) section 20 (1) be amended, section 22 is replaced by the following, section 23 is amended and section 26 (2). 2 change.

8) Whereby the footnote to the title of the Act is replaced by the following and § § 26 (a) – 26 (d) is inserted.

9) Whereby section 25 (2) is repealed.