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The Law On Plant Variety Right

Original Language Title: Laki kasvinjalostajanoikeudesta

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Law on plant variety rights

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law shall apply to a plant variety right ( Plant variety right ) Protection. The plant variety right may be granted to the varieties of all botanical families and species.

ARTICLE 2
European Community legislation

The Community plant variety rights are laid down in Council Regulation (EC) No 2100/94 on Community plant variety rights.

The holder of a Community plant variety right shall enjoy the same protection as the holder of a plant variety right under this law, except where the law provides otherwise.

ARTICLE 3
Definitions

For the purposes of this law:

(1) The class of derivatives A variety obtained by the use of an essentially protected variety;

(2) The plant variety right The exclusive right of the processor to professional exploitation of the variety as provided for in this law; the plant variety right shall also apply to:

(a) varieties which are not clearly separated from the protected variety;

(b) the class of derivatives, if the variety itself is not a class of derivatives; and

(c) varieties which require repeated use of the protected variety;

(3) Holder of a plant variety right The breeder of the variety or the person to whom his rights have been transferred; the holder of a plant variety right shall be deemed to be the holder of a plant variety right, as referred to in Article 22, as holder of a plant variety right, unless otherwise provided. Displayed;

(4) Varieties A group of plants belonging to a single botanical taxon at the lowest level, which may be:

(a) to define, on the basis of a description of the characteristics of a particular type or combination of the type of recovery;

(b) separate from all other plant groups on the basis of at least one characteristic; and

(c) to be considered as a whole on the basis that it can be added without changing;

(5) Hybrid Descendants of older parents who are hereditary;

(6) With propagating material All plant parts which may be used to increase plants;

(7) Material of the variety :

(a) propagating material of the variety;

(b) crop harvesting, whole plants and parts of plants, harvested; and

(c) any product produced immediately from the harvested harvest;

(8) Marketing For sale or other extradition, for the purpose of selling, offering for sale, offering for sale, free of charge for commercial exploitation and making available for free of charge or free of charge of the European Union On the market for distribution or use within the Union.

Chapter 2

Plant breeders' right

§ 4
Content of the plant variety right

The holder of a plant variety right has the exclusive right to exploit the propagating material of the variety in the professional production and marketing of the variety.

The following measures concerning propagating material shall be subject to the authorisation of the holder of a plant variety right under any conditions imposed by him:

(1) addition;

(2) rehabilitation for additional purposes;

(3) marketing, export and import; and

(4) storage for the purposes referred to in paragraphs 1 to 3.

The harvest obtained by unauthorised use of propagating material of a protected variety shall not take the measures mentioned in paragraph 2 without the authorisation of the holder of the plant variety right, if the holder of the plant variety right has not had reasonable The possibility of exercising their right to that propagating material.

§ 5
Restrictions on plant breeders' right

The plant variety right shall be without prejudice to the use of the variety:

(1) for non-commercial purposes;

2) for experimental and research purposes;

3) for the processing of new varieties;

4), subject to the conditions laid down in Article 6.

ARTICLE 6
Right to the cultivation of protected variety and the obligation to pay compensation

The farmer shall be entitled to compensation by paying for the propagation of the propagating material of the varieties protected under his control for additional purposes. This right applies to the cultivation of varieties of the following species, with the exception of hybrids: oats, barley, rye, wheat, rye, rapeseed, rape, flax, pea, bull bean, potato and tar.

The compensation shall be clearly lower than the royalty to be recovered in the marketing of propagating material of the variety. A contract between the holder of a plant variety right and the farmer or their representative organisations may be awarded on the amount of the fair remuneration to be paid to the holder of the rights of the breeder. If the contract has not been concluded or does not apply, the farmer shall be obliged to pay the holder of the plant variety right by 50 % of the amount to be recovered for the marketing of propagating material of the variety.

A farmer with a arable area under control of less than 10 hectares shall be entitled to payment without payment of the propagating material of a protected variety within the meaning of paragraph 1. However, in such a case, the cultivation of a protected potato variety shall be remunerated if the area of the variety is greater than two hectares or more than one hectare in the area covered by an early potato.

The farmer shall be obliged to provide the authority and the holder of the plant variety right upon request with the necessary information.

§ 7
Right of access to protected species

The holder of a plant breeder right shall be entitled to obtain the following information necessary for the payment of the payment by the farmer provided for in Article 6 of the Law on the information system of the rural economy (194/2008) Of the information system referred to:

1) the name and contact details of the farmer;

(2) the order code;

(3) the arable area under the farmer's management where, in the case of a protected potato variety, it is more than two hectares, in the case of an early potato cultivation, over a hectare or more than 10 hectares for other varieties;

(4) the area of cultivation of varieties protected by the European Community plant variety right if it exceeds the sector which would be required to produce 92 tonnes of cereals;

(5) the area of cultivation of potato varieties protected by the European Community plant variety right if it exceeds the sector which would be required to produce 185 potato imports; and

(6) the areas planted with seed produced on the basis of this law on the holding of the varieties protected under this law.

The holder of a plant variety right shall be allowed to use the information disclosed in accordance with paragraph 1 only for the purposes of payment of the payment entitlement referred to in Article 6. The holder of a plant variety right does not have the right to continue to disclose information.

A prerequisite for the supply of information under paragraph 1 is that the holder of the plant variety right and the farmer or the organisations representing them have agreed, in accordance with Article 6, on compensation for the holder of the plant variety right.

§ 8
Disposal of protected species

The holder of a plant variety right shall dispose of the information obtained pursuant to Article 7 within one year of the end of the calendar year for which the payment obligation referred to in Article 6 has been disclosed.

§ 9
The exhaustion of the plant variety right

The plant variety right shall not apply to activities relating to the marketing of material of the protected variety or varieties referred to in Article 3 (7) (a) to (c) in Finland unless these measures are taken:

(1) for the purpose of inserting a variety; or

(2) for the purpose of exporting the material of the variety to a country which does not protect the varieties of the plant or species to which the variety belongs, unless the material exported is intended for consumption.

Chapter 3

Conditions for granting a plant variety right

ARTICLE 10
Conditions for the applicant

A natural person, legal person and legal person may be treated as an institution by a natural person, legal person and legal person. Two or more persons may jointly apply for a plant variety right.

Where a breeder of a variety applies for a plant variety right, he shall demonstrate his right to the variety.

ARTICLE 11
Conditions for the variety

A plant variety right shall be granted if the variety is new, separated from other known varieties, unitary and permanent.

The species shall not be considered new if the propagating material of the variety or the harvest has been sold or otherwise disposed of in agreement with the holder of the plant variety right for recovery purposes:

1) in Finland for more than one year prior to the submission of the application;

2) abroad for more than six years prior to the submission of the application in the case of a tree or vine; or

3) abroad for more than four years in the case of a plant other than that referred to in paragraph 2.

The plant variety right shall not be granted if the variety is protected by Community protection under Council Regulation (EC) No 2100/94 on Community plant variety rights.

Chapter 4

Authorisation of plant breeders' rights

ARTICLE 12
Competent authority

The Food Safety Agency (efsa) is responsible for the authorisation, registration, publication, and the maintenance of a plant variety rights register ( Evira ).

ARTICLE 13
Application

Applications for the granting of a plant variety right shall be made in writing in Finnish, Swedish or English. The application shall include:

(1) the name, contact details, identification of the applicant and the identity of the holder of the plant variety right, the identity number, the company and the Community logo, the address and the name and contact details of the breeder;

(2) the proposal for a variety denomination and a description of the use of the variety denomination and the identification of the breeder;

(3) plant species and species;

(4) information on the origin of the variety, the protection in another State and the test results;

(5) information on whether the privilege is applied and where and when previous applications have been made;

(6) a declaration that the variety has not been marketed as referred to in Article 11 (2) before the application is lodged; and

(7) a description of whether the variety is genetic engineering (377/1995) Or Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed.

The application date shall be the date on which the application dossier has been submitted to the Eofficial and the application fee has been paid. The application shall contain, as a minimum, the name and contact details of the applicant for obtaining the date of application, the plant variety and species, the variety denomination and the breeder identification number.

If the applicant has not provided all the information referred to in paragraph 1, the Eofficio shall invite the applicant to correct the deficiencies in the application within the time limit. If the applicant fails to correct the deficiencies within the time limit, the application shall be inadmissible.

An application for non-examination shall be admissible if, within one month of the expiry of the time-limit provided by the Agency, the applicant shall request and take measures to correct the deficiency and, within the same period, to carry out a reprocessing fee.

If the proposed variety denomination may be mixed with the trade mark, name, business name or other distinguishing mark of a variety of the kind to which the applicant has exclusive rights, the application shall be accompanied by the registration document Patent - And the registration authority that the trade mark, name, trade name or other distinguishing mark has been removed from the relevant register. If no such identification mark is registered, the applicant shall include in the application a statement that he or she has given up or is prepared to waive the right to use this symbol.

The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the information to be provided in the application provided for in paragraph 1.

ARTICLE 14
Temporary protection

From the application date, temporary protection shall continue until the plant variety right has been granted. There is no temporary protection if the plant variety right is not granted.

§ 15
Frontal law

The privilege of applications for a plant variety rights is determined on the basis of the application date. If a number of applications have the same application date, their mutual priority shall be determined by the time of arrival of the application. If the entitlement cannot be settled on the basis of the time of arrival, the applications shall have the same priority.

Where an applicant for a plant variety right has previously applied for a plant variety right in an area within the competence of an international association to protect plant varieties or a member of the World Trade Organisation (wto), an application shall be made if it is made 12 months After the submission of an earlier application shall be deemed to have been completed here simultaneously.

A precondition for the determination of the privilege under Article 2 is that the privilege is expressly required at the time the application is made and copies of the earlier application of the variety and related documents are to be submitted to the EOfficial Within three months of submission of the application. Copies shall be certified by the authority which received the first application for that variety.

Within two years of the expiry of the period of validity of the privileges referred to in paragraph 2, the applicant shall provide the information, documentation and material necessary for processing the application. If the first application has been rejected, the applicant shall be granted a sufficient period of time to submit the information, documents and material necessary for the processing of the application.

The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the submission of a request for a privilege.

ARTICLE 16
Publication of the application

An application shall be made available to the public to make claims on the application by publishing the identity of the application.

The claims made on the application shall be made in writing to the Eofficial within three months of the date of publication of the application.

The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the publication and publication of the application.

§ 17
The claim for a better law

If anyone claims that he has a better right to the variety than the applicant, he or she shall make a written request to the EOfficial. If the matter is unclear, the Eofficio shall, by way of an interim decision, call on him to bring an action before the Court of Justice. If the action is not brought within the prescribed period, the claim shall not be taken into account, which shall be mentioned in the interim decision.

If a dispute is pending before the Court on a better right to variety, the examination of the application shall be suspended until the matter has been finally resolved.

ARTICLE 18
Transfer of application

If someone shows the Evik that he has a better right to the variety than the applicant, Eofficio will be required to transfer the application to him. At the same time, the transferee shall pay the application fee.

Before the transfer requirement has been definitively settled, the application shall not be inadmissible, rejected, rejected or withdrawn.

§ 19
Investigation of the variety

At the request of an applicant for the examination of a variety, Evira shall organise, at the request of the applicant, in accordance with international methods, to establish whether the variety is distinctive, uniform and permanent, unless it is considered necessary for specific reasons to be considered unnecessary.

The applicant shall provide the material of the variety necessary and any other information necessary for the Evira or the study.

§ 20
Decision on plant variety rights

After an interval of time, Evira will examine whether the variety satisfies the requirements set out in Article 11, and takes the decision to approve a plant variety right. Decisions and withdrawals of applications shall be published and decisions on accepted applications shall be entered in the Register of Plant Variations referred to in Article 22.

ARTICLE 21
Validity

The plant variety right shall be valid from the date of the adoption of the decision by Evira. The right may be maintained for a period of 30 years from the beginning of the year following the adoption of the annual fee by the end of January.

The plant variety right shall expire if the applicant is granted a Community plant variety right to a protected variety.

§ 22
Plant variety rights register

The plant variety rights register shall contain the following information on approved plant breeders' rights:

(1) registration number of the plant variety right;

(2) the name and contact details of the holder of the plant variety right and of the prospective agent, the company and the Community logo, its registered office, notification of the change of agent and the name and contact details of the breeder;

(3) where the variety belongs to the species and species and the identity of the variety description;

(4) the designation of the variety denomination, the date of the variety denomination and the identification of the breeder;

(5) the date of application, the application number and the date of publication and the date of approval of the plant variety right;

(6) the privilege granted and the State in which the previous application for a variety has been made and the date of submission of the application;

(7) payment of the annual fee;

(8) a compulsory licence or a compulsory licence and a licence for use;

(9) the lien;

(10) Decisions, appeals, outputs, sequestering and decisions taken by the courts;

(11) the date of expiry of the plant variety right.

If the entry in the register cannot be immediately resolved, it shall be entered in the register that the marking has been requested.

In the case of plant breeders' rights records and the register's documents, the other aspects of the law on the information system of the rural economy are applied.

The decree of the Ministry of Agriculture and Forestry may provide more detailed provisions on the content of the entries under Article 1 of the Register.

ARTICLE 23
Abolition of labelling

If it is shown that the licence, the lien or compulsory licence entered in the register has ceased, the entry shall be deleted from the register.

The personal data referred to in Article 22 (1) (2) of the natural person shall be deleted from the register no later than 10 years after the expiry of the plant variety right. The deletion of data deposited in the register shall apply in the case of personal data law (523/1999) Shall be established or decided upon.

Records of the data deleted from the register shall be laid down in the Archives Act (181/1994) .

Chapter 5

Species denomination

§ 24
Selection and use of variety denomination

The variety may be distinguished from other varieties of the same or adjacent species on the basis of variety denomination.

The name of the variety shall not be accepted if it is a trademark, name, business name or any other distinguishing sign to which the applicant is protected in such a way that this other protection constitutes an obstacle to the registration of the variety denomination.

Where the propagating material of a protected variety is marketed, it shall be used for its approved species name. Once the period of validity of the plant variety right has expired or the court has exhausted its validity, the species name shall be used.

The Decree of the Ministry of Agriculture and Forestry may provide more specific provisions for the selection of the variety denomination and the use of the variety denomination.

ARTICLE 25
Repeal of variety denomination and designation of variety

An approved variety denomination shall be revoked if:

(1) the variety denomination has been authorised in breach of this law and the obstacle to the authorisation remains;

(2) the holder of the plant variety right so requires and provides a reasoned reason; or

(3) a court order prohibiting the use of the name of the variety.

Eofficio shall inform the holder of the plant variety right of the application for annulment of the variety denomination and shall invite him to submit a new proposal for a variety denomination within 30 days of the date of receipt of the information.

The new title should be examined by the ex officio. When Evira has accepted a new name, it shall be published and registered.

The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the abrogation and modification of the variety denomination.

Chapter 6

Termination, invalidity and confiscation of plant breeders' rights

§ 26
Closing of the plant variety right

Evira shall, by way of decision, declare the right to a plant variety right if the holder of a plant variety right notifixes the Evira in writing of his waiver of the plant variety right.

If the annual fee has not been paid in accordance with Article 21, the Eofficio shall call on the holder of the plant variety right to pay the annual fee within the time-limit laid down by Eofficio at the risk of the plant variety right to cease. If the holder of a plant variety right has not paid the payment within the prescribed time limit, Evira shall, by decision, declare the plant variety right to be charged.

Where a plant variety right has been foreclosed or has been entered in a register, or a dispute concerning the transfer of a plant variety right is pending, the plant variety right shall not be closed as long as the forecluse or the lien The dispute or dispute has not been definitively resolved.

§ 27
Notable proclamation

The Court shall declare the right of plant variety to be null and void if the granting of the right is granted:

(1) the conditions for the separation or novelty of the variety have not existed;

(2) the conditions for the unity or permanence of the variety have not existed and the decision to approve a plant variety right has been substantially based on the information provided by the applicant.

The court or tribunal shall declare the right of plant variety to be null and void if the right has been granted to an applicant who is not entitled to it unless Evira transfers a plant variety right to the person entitled to it.

Paragraph 3 has been repealed by L 31.1.2013/115 .

ARTICLE 28
Discharge imposed

Evira shall determine the confiscation of a plant variety right if:

(1) the holder of a plant variety right is unable to produce propagating material of a variety whose characteristics correspond to the description of the protected variety;

(2) the holder of a plant variety right does not provide, within the prescribed period, the holder of the variety as propagating material, documents and other information necessary to establish whether the variety is properly maintained; or

(3) the variety denomination has been abrogated since the approval of the plant variety right and the holder of the plant variety right is not proposing a new acceptable variety name.

§ 29
Registration of plant breeders' right to expire

The rights of plant breeders shall be entered in the register:

(1) if the plant variety right has ceased in accordance with Article 26;

(2) where a plant variety right has been declared null and void in accordance with Article 27;

(3) if it is imposed by a decision of the Eposts in accordance with Article 28; or

4) at the end of the period of validity, in accordance with Article 21.

Chapter 7

Expropriation and compulsory licences and for mutual expropriation

ARTICLE 30
Access authorisation

Where the holder of a plant variety right has given another right to a professional use of the protected variety ( Access authorisation ), this may continue to give up its rights only if it is agreed.

Where a licence belongs to an undertaking, it may be disclosed in the event of transfers of the undertaking, unless otherwise agreed.

Where the holder of a plant variety right declares that his plant variety rights are waived and the register has been entered in the register, the Eofficio shall inform the holder of the authorisation for a reasonable period of time in order to: Before Evira decides by decision to set up a plant variety right.

ARTICLE 31
Compulsion

Where the propagating material of a registered variety is not placed on the market in the public interest on reasonable terms and in relation to the general needs of the food supply, the person who wishes to use the variety professionally in Finland may: The compulsory licence, unless there is an acceptable reason for the holder of the plant variety right. The compulsory licence also includes the right to obtain the necessary quantity of propagating material of the variety right from the holder of the plant variety right.

The compulsory licence may only be granted to the person who is deemed to have the conditions in an acceptable manner and under the conditions laid down in the compulsory licence to exploit the variety covered by the plant variety right. The compulsory licence shall not prevent the holder of a plant variety right from exercising his or her right or authorisation of a variety.

The compulsory licence shall be issued by a court which determines the extent to which the protected variety may be used, as well as the consideration of the consideration and other conditions of the compulsory licence. The court or tribunal may, at the request of the holder of a plant variety right, annul the expropriation or fix new conditions if the circumstances so require.

ARTICLE 32
Mutual expropriation

If the holder of a patent for a biotechnological invention cannot take advantage of a patent without infringing the former plant variety right for the variety, he may apply for an appropriate remuneration to the court of origin of the variety protected by that right For non-exclusive use. Where such an expropriation is granted to a patent holder, the holder of a plant variety right shall be entitled, under reasonable conditions, to obtain a reciprocal authorisation to use the protected invention.

The applicant for the authorisation referred to in paragraph 1 shall demonstrate that he has not obtained a contract to obtain authorisation from the holder of the plant variety right and that the invention represents a significant technical development with a significant financial advantage. To the protected variety.

Patenting (550/1967) Provides for the right of a plant breeder to be forced to use a patent protected by a patent.

Chapter 8

Civil law protection

§ 33
Prevention of injury

In the event of an infringement of the exclusive right produced by the plant variety right, the court may prohibit him from continuing or repeating the act.

§ 34
A suspension order to the intermediary

At the request of the holder of a plant variety right, the Court of Justice may, at the request of the holder of a plant variety right, impose a fine on the holder, the server or any other provider of such equipment, or at the risk of a fine To suspend the alleged use of a plant variety right ( Suspension order ), unless it can be considered disproportionate taking into account the rights of the alleged infringer of the plant variety right, the intermediary and the holder of the plant variety right.

Before bringing an action under Article 33, the Court may, on application by the holder of a plant variety right, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is clear that the rights of the holder of the right Would otherwise be seriously compromised. The court or tribunal shall reserve the opportunity to be heard by the person who is alleged to be infringing the plant variety right. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/15)

The court or tribunal may, upon request, issue a suspension order referred to in paragraph 2 as a temporary violation of an alleged infringer, if the urgency of the case necessarily requires it. The order shall remain in force until further notice. After the issuing of the order, the alleged infringer shall without delay provide an opportunity to be heard. Once the alleged infringer has been heard, the court shall, without delay, decide whether to maintain or withdraw the order.

The suspension order issued pursuant to this Article shall not jeopardise the third right to send and receive messages. The suspension order shall enter into force when the applicant puts an end to the enforcement order (705/2007) The security referred to in Article 2. The possibility of release of the security is provided for Chapter 7 of the Court of Justice Article 7. A suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 33 is brought before a court within one month of the adoption of the order. (31.1.2013/15)

The suspension order shall be replaced by the person to whom the order has been issued, as well as the damage caused to the alleged infringer, as well as the costs incurred, if the action referred to in Article 33 is rejected or dismissed. Without examining the case, or if the case is left on the ground that the claimant has withdrawn or failed to appear before the Court. The same shall apply if the suspension order pursuant to paragraph 3 is withdrawn or lapse pursuant to paragraph 4. Compensation for damages and expenses shall be brought in accordance with Article 12 of Chapter 7 of the Court of Justice; Provides for.

ARTICLE 35
Action for confirmation

The holder of a plant variety right or the holder of a right to use or expropriate a variety protected under a plant variety right may pursue a confirmatory application as to whether or not he enjoys a plant variety right The protection against the other if the matter is unclear and is detrimental to him.

Anyone who uses or intends to use a variety protected under a plant variety right may, under the same conditions, pursue a confirmatory application against the holder of the plant variety right as a result of the existence of an obstacle to the right of plant variety rights granted. The activities of the said action.

§ 36
Compensation and compensation

Any person who intentionally or negligently infringes a plant variety right or the provision of Article 24 (3) for the use of a variety denomination shall be obliged to pay the holder of the plant variety right to a reasonable amount of compensation for the exploitation of the variety and To compensate for the damage caused by the infringement. If there is a slight lack of carelessness, the damages may be settled.

If the breach of the plant variety right or the breach of Article 24 (3) as referring to the use of the variety denomination is not intentional or negligent, the infringer shall be obliged to carry out reasonable compensation for the exploitation of the variety.

On the basis of an infringement of Article 24 (3) of the infringement or the use of a variety denomination, compensation and compensation for damage may be required only for the last five years prior to the initiation of the action.

If the plant variety right has been declared null and void, there is no compensation or liability.

Moreover, the compensation is in force, as is the case in the law on damages. (1999) Provides.

ARTICLE 37
Farmers' liability

A farmer who fails to comply with the obligation laid down in Article 6 shall be obliged to pay compensation to the holder of the plant variety right. The amount of the compensation is determined by the rules for the application of the agricultural exemption provided for in Article 14 (3) of Council Regulation (EC) No 2100/94 on Community plant variety rights in accordance with Commission Regulation (EC) No 1768/95.

ARTICLE 38
Return of plant material of the variety

The court or tribunal may, according to the proceedings of the injured party, provide that the plant material of the variety to which the infringement is subject must be handed over to the quarry against the redemption. The above does not apply to the person who, in good faith, has obtained the plant material of the variety or the specific right to it and has not itself infringed the plant variety right.

The plant material of the variety referred to in paragraph 1 may be seized if the injured person has made a claim for the release of plant material of the variety as provided for in the exit arch.

ARTICLE 39
An affront to temporary protection

Where, during the period referred to in Article 14, a non-applicant uses a variety of professional varieties and the propagating material of a variety, the provisions relating to infringement of a plant variety right shall apply if the plant variety right is subsequently granted.

The infringement of a plant variety right during temporary protection cannot be denounced in Chapter 9 or in criminal law (39/1889) in Chapter 49, Article 2 Shall be punished.

The damage resulting from the publication of an application as referred to in Article 16 may be replaced only by Article 36 (2).

Where an action for damages is brought within one year of the adoption of a plant variety right, the provision of Article 36 (3) shall not apply.

ARTICLE 40
Publication of the judgment

In the event of an infringement of a plant variety right, the Court of Justice may, at the request of the applicant, order the defendant to reimburse the costs incurred by the applicant as a result of the fact that he, as appropriate, The judgment in which the defendant was found to have infringed the plant variety right. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.

The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The applicant is not entitled to compensation if the information on the judgment has not been published in the time prescribed by the court for the final judgment of the judgment.

Chapter 9

Penalty provisions

ARTICLE 41
Violation of the rights of plant breeders

Anyone who deliberately violates the exclusive right laid down in Article 4 must be condemned if the act is not punishable. Article 49 (2) of the Penal Code As a criminal offence within the meaning of the On the infringement of the plant variety right Fine.

ARTICLE 42
Plant variety rights infringement

Any breach of the obligation to provide information laid down in Article 6 (4) or in breach of the provisions of Article 24 (3) on the use of the variety denomination shall be condemned: On a plant variety rights infringement; Fine.

ARTICLE 43
Misuse of agricultural data on protected species

The holder of a plant variety right who, on a deliberate or serious negligence, uses the information supplied pursuant to Article 7, contrary to the intended use provided for in Article 7 (2) or, contrary to that paragraph, to disclose further information, is Condemn On the misuse of agricultural information on a protected species Fine.

ARTICLE 44
The Court of Justice

The prosecutor may not press charges for the offence referred to in Articles 41 to 43 unless the plaintiff declares it to be charged.

Chapter 10

Outstanding provisions

ARTICLE 45 (31.1.2013/15)
Appeals to the Court of Justice

An appeal against an Eofficio decision adopted under this law is sought by the choice of market law as in the administrative law (18/06/1996) Provides.

Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law on proceedings in market law (100/2013) .

ARTICLE 46 (31.1.2013/15)
Legal forum in civil proceedings

The dispute and application cases under this law are dealt with in market law.

The processing of disputes and application cases in market law is governed by the law on the conduct of the court.

§ 47 (31.1.2013/15)
Legal forum in criminal matters

Charge Chapter 49 of the Criminal Code An infringement of a plant variety right as referred to in Article 2 and of the infringement referred to in Articles 41 to 43 of this Act shall be dealt with by the Helsinki District Court.

In the case of a charge referred to in paragraph 1, the claim for compensation and compensation in accordance with Article 36, as provided for in Article 46, may be treated as a result of a criminal offence referred to in Article 36.

The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.

Article 47a (31.1.2013/15)
Opinion of the European Parliament in the criminal case

The Court of Justice referred to in Article 47 shall apply to the Court of Justice for an opinion on the right to seek a statement under Article 22 of Chapter 4 of the Law on the Law on Market Law.

Article 47b (31.1.2013/15)
Expert in the criminal case

In considering the matter referred to in Article 47, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in Article 7 (2).

The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.

The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.

Article 47c (31.1.2013/15)
Notification to Evio in the criminal case

The Court of Justice's duty to inform the EOfficial of the decision on a decision to be taken in accordance with Article 47 of Chapter 4 of the Law on the Law of the Law of the European Communities on the obligation to notify Solution.

ARTICLE 48
Permission payments

Eposts of an Eofficio under this Act shall be charged to the State for payment by the State (150/1992) Based on the criteria laid down.

ARTICLE 49
Representative of the applicant and holder of the right of plant variety right

If the applicant or the holder of a plant variety right does not have a place of residence in Finland, the applicant or the holder shall have an agent resident in the European Economic Area entitled to represent the applicant or the holder of any plant variety right Matters.

§ 50
Entry into force

This Act shall enter into force on 1 January 2010.

This law repeals the Law of 21 August 1992 on plant variety rights (789/1992) The law of 5 March 1999 on the private and public-law protection of the Community plant variety right in Finland, with its subsequent modifications and the private law and public law protection law of the European Community (1999) .

The provisions and provisions adopted pursuant to the law on the right of plant variety rights shall remain in force until further notice under this law.

Upon entry into force of this Act, the application of this law shall apply to plant variety rights pending before the entry into force of the plant variety rights and the plant variety rights granted before the law enters into force.

At the time of entry into force of this Act, the validity of the plant variety rights in force shall be extended to comply with this law, including the date of their adoption.

Before the entry into force of this Act, measures may be taken to implement the law.

If any other law makes reference to the law on plant variety rights in force when this law enters into force, this law shall apply.

THEY 98/2009 , MmVM 11/2009, EV 236/2009

Entry into force and application of amending acts:

31.1.2013/15:

This Act shall enter into force on 1 September 2013.

A decision taken before the entry into force of this Act shall be brought in accordance with the provisions in force at the time of entry into force of this Act.

The dispute, application and criminal proceedings brought before the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012