In accordance with the decision of the Parliament, provides for: the scope of application of the provisions of section 1 of Chapter 1 of this law shall apply to the protection of the right of reply (plant variety rights). The Community plant variety right may be granted to the varieties of all botanical genera and species.
Article 2 of the European Community the European Community legislation provides for the 2100/94 on Community plant variety rights(4), as laid down in Council Regulation (EC) No 1782/2003 2100/94.
The holder of a Community plant variety right shall have the same protection as the holder of the plant variety right according to this law, unless otherwise provided for by law.
Definitions for the purposes of paragraph 3 of This law: 1) derivative financial instruments the variety variety, which has been achieved by using the benefit of the protected variety has been significantly;
2. the exclusive right to exploit plant variety right of the breeder of the variety as a professional), as provided for in this Act; the Community plant variety right is concerned, shall also: (a) the varieties which are not clearly the difference between) a protected variety;
(b) in the case of a derivative, the variety is) itself is not cascade variety; and (c)), the production of varieties which requires the repeated use of the protected variety;
3 the holder of the plant variety right or of the variety the breeder), his; as holder of the plant variety right shall be considered as the one who most recently has been marked in section 22 of the holder of the plant variety rights on plant varieties, referred to in the absence of proof to the contrary;
4) the lowest known botanical variety into a single taksoniin group belonging to the plant, which can be used to: (a) the type of a specific tradition or traditions) to define the type and a description of the characteristics of the combination;
(b)) distinguished from any other plant groups, on the basis of at least one characteristic; and (c)) look at the whole on the basis that it can be added to the air, that it will change;
5) hybridillä genetically disposed to different parents.
6) propagating material of all the plant parts that can be used for propagation purposes;
7) material of the variety: (a) the propagating material of the variety);
(b) the harvest of a variety viljelykseltä, the whole of) women of the plants and plant parts; and (c)) of all harvested crops immediately manufactured product;
8 the sale or other disposal) of the marketing fee, sale, offering for sale, donation, as well as to make available, free of charge, to commercial exploitation in return for payment or free of charge on the territory of the European Union on the European Union market for distribution or use.
Chapter 2 section 4 of the Community plant variety right for the holder of the plant variety right to the content of the plant variety right has the exclusive right to make use of the production and marketing of propagating material of the variety and pleasure yachts.
The following steps require the holder of the plant variety right on propagating authorization, in accordance with the terms of his: 1);
Appendix 2) for the purposes of rehabilitation;
3) the marketing, export and import; and 4) for the purposes referred to in paragraphs 1 to 3 of storage for use.
The harvest, which is obtained by the use of propagating material of the protected variety, must not be carried out in the holder of the plant variety right of the measures mentioned in paragraph 2, without the permission of the holder of the plant variety right, if there have been no reasonable opportunity to exercise his right to the material.
section 5 of the Community plant variety right shall be without prejudice to the restrictions on the use of the variety of the plant variety right: 1) yksityisluonteisesti for non-commercial purposes;
2) experimental and research purposes;
for the production of new varieties);
4) the conditions laid down in paragraph 6 of your status in the sowing of seed production.
the cultivation of the protected variety, and section 6 of the Legal obligation to pay the compensation for a farmer is entitled to compensation by paying to use and produce for propagation material of protected varieties of the control of the holding. This right applies to hybrids with the exception of the following plant varieties of the species: oats, barley, rye, wheat, Triticale, canola, rapeseed, flax, peas, broad beans, potato and buckwheat.
Compensation must be clearly lower than in the marketing of propagating material of the variety to charge a royalty. The amount of the equitable remuneration to be paid to the holder of the plant variety right may be the object of a contract, the holder of the plant variety right and the farmer or the organisations that represent them. If the contract has not been concluded or does not apply, the farmer is obliged to pay to the holder of the plant variety right to compensation, which the marketing of propagating material of the variety has 50% of the total amount to be recovered.
The farmer, with a controlled field covers an area of less than 10 hectares, has the right to compensation without paying for the use of a protected variety, within the meaning of paragraph 1, propagating material. The cultivation of the potato variety is protected in such a case, however, to pay compensation, if the variety, the area is larger than two hectares, or varhaisperunan in the shelter in the cultivation of more than one hectare.
The farmer is obliged to provide, on request, to the authority and the obligation to pay for the necessary information to the holder of the plant variety right.
section 7: the right to receive information about the holder of the plant variety right protected varieties of the crop has the right to have the farmer provided for in article 6 of the non-payment of the following information is necessary for the implementation of the management information system of rural economic development Act (284/2008) referred to in the information system: 1) the name and contact information of the grower;
3) held by the surface area of the farmer's field, if it is in respect of more than two hectares of the protected potato variety, with regard to the cultivation of more than varhaisperunan in gross margin per hectare, or other varieties of more than 10 hectares;
4 the area of protected varieties of the plant variety right) the European Community, if it exceeds the industry, which was constructed as would be needed to produce 92 tonnes of cereals;
5) the European Community plant variety right protected the area under potato varieties, if it exceeds the industry, which was constructed as would be needed to produce 185 tonnes of potatoes; on the basis of this law, as well as 6) of farm-produced siemenellä sown areas for each variety.
The holder of the plant variety right shall be used in accordance with the first subparagraph of article 6, where products already released information on only the charge referred to in the implementation of their rights of access. The holder of the plant variety right does not have the right to release information to continue.
The inscription of the condition under paragraph 1, the holder of the plant variety right on the supply of information is and the farmer or their representative organizations have agreed, in accordance with article 6, to the holder of the plant variety right to compensation.
on the cultivation of the variety protected by article 8 of the destruction of the plant variety right, the holder of information shall be disposed of in accordance with article 7, the data obtained within one year after the end of the calendar year in respect of which the payment provided for in article 6 of the implementation details have been released.
section 9 of the exhaustion of the Community plant variety right of the plant variety right shall not apply to measures relating to article 3 of the protected variety, or of those referred to in (a) to (c) of paragraph 7 of the varieties for which material with marketing in Finland, unless these steps to do: 1) for the purpose of adding the variety; or 2) for the purpose of material of the variety to the export country which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported material not intended for consumption.
Chapter 3 conditions for the grant of a plant variety right, the conditions relating to an applicant for a Community plant variety right of section 10 may apply to a natural person, a legal person, and the right to be treated as a person under the law applicable to that body. Two or more people can work together to apply for a Community plant variety right.
To the user if other than the variety of the processor retrieves the Community plant variety right, he shall prove his entitlement to a variety.
Article 11 of the conditions of the Community plant variety right shall be granted for the variety, if the variety is new, distinct from other known varieties, especially by its flora uniform and shares markers with both standing.
Variety shall not be considered as a new material of a variety or, if the harvest is sold to, or otherwise with the consent of the holder of the plant variety right transferred exploitation of: 1) in Finland for longer than a period of one year before the submission of the application;
2) abroad for longer than the six years prior to the filing of the submission, 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.
A Community plant variety right shall not be granted where the variety is the Community plant variety rights pursuant to Council Regulation (EC) No 1782/2003 the protection of the community in accordance with Regulation No 2100/94.
the adoption of article 12 of Chapter 4 of the plant variety right, the competent authority of the publication of the registration of a plant variety right or of the adoption, and plant variety rights is responsible for maintaining the food safety authority (Evira).
the application for the grant of plant variety right pursuant to article 13 of the Application shall be made in writing to the Eviralle in Finnish, Swedish or English. The application shall contain: 1 the applicant and of any agent) plant name, contact information, social security number or business registration number, and place of residence, as well as the name and address of the processor;
2) proposal for a variety denomination and a description of the use of the designation of a variety denomination as well as the identification of the processor;
the type of plant-and-3);
the information on the origin of the variety, 4) protection in another country, and the results of the tests;
5), search for the privilege, as well as where and when the previous applications have been made;
6), that the variety is not marketed within the meaning of section 11 of the way before the submission of the application; as well as 7) a statement as to whether the variety of gene technology Act (377/1995) or on genetically modified food and feed, the European Parliament and of the Council amending Regulation (EC) no 1829/2003, in accordance with the approved.
The application date shall be entered in the date on which the application documents have been delivered to Eviralle, and the application fee has been paid. The application must include the name of the applicant and the application for obtaining the vähimmäistietoina today's contact information, the type of plant and the variety denomination and the breeder's name.
If the applicant has not provided all the information referred to in paragraph 1, the Import is ask the applicant to rectify the deficiencies in the application, within the time limit. If the applicant does not remedy the breaches within the time limit, the application is left unexplored.
Inadmissible an application submitted will be considered if the applicant, within one month of the expiry of the period provided by the Import request and will take measures to remedy the defect and within the same period, run the uudelleenkäsittelymaksun.
If the proposed variety denomination is suitable can be confused with a variety of material or similar goods in the name of the trade mark, trade name or any other identification of the mark, to which the applicant has an exclusive right, the application shall be accompanied by the registration document to the patent-and registration of that trade mark, name, business name, or other identifying mark is removed from the relevant register. In the absence of such identification mark has not been registered, the applicant shall submit with his application a statement of the fact that he has given up or is willing to give up the right to use this symbol.
The regulation of the Ministry of agriculture and forestry, the provisions set out in subparagraph (1) may be given in the application for more detailed disclosures.
section 14 of the Temporary protection, the application starts a temporary protection, which will continue until the Community plant variety right has been granted. Temporary protection is not, if a Community plant variety right shall not be granted.
section 15 of the privilege of Kasvinjalostajanoikeushakemusten, based on the priority is determined by the application. Where more than one application for the same application date, their mutual preference is determined by the application on the basis of the time of the arrival of the. If the privilege cannot be solved on the basis of the time of the arrival of the applications have the same privilege.
If a new plant variety, the applicant has applied in the past the International Union for the protection of new varieties of plant variety right or a member of the World Trade Organisation, is in the jurisdiction of the application, if it is made within 12 months from the date of the earlier application was submitted at the same time, be deemed to have been made here.
A prerequisite for inscription of privilege of määräytymiselle is that the priority at the time of application, expressly calls for the earlier application, together with copies of the variety and related documents shall be forwarded to the Eviralle within three months of the submission of the application. The copies must be provided to the authority, which, in the case of an application received by the first.
The applicant shall submit, within two years (2) of the Eviralle of the end of the period of validity of the claim for the examination of the application for the necessary information, documents and materials. If the first application has been rejected, the applicant shall be granted adequate time to supply the information necessary for the examination of the application for Eviralle, documents and materials.
The Ministry of agriculture and forestry, the provisions of the regulation to the pre-emptive right of the date of the submission of the request.
section 16 of the public facilities must be provided for the publication of the application Approved an application for the adoption of the publication of the identity of the application.
The objections relating to the application shall be made in writing to the Eviralle the date of publication of the application for a period of three months.
The Ministry of agriculture and forestry, the date of publication of the application, the provisions of regulation is necessary in order to provide more accurate and to be released from the header.
section 17 on the right of the opposition better if someone claims that he has a better right to the variety as the applicant, he must make a written claim for Eviralle. If the matter is not clear, the decision to urge him to raise the Import will limit the action of the Court. If an action is not taken within the time limit, the opposition is left, without taking into account what is mentioned in the decision.
If the Court is pending litigation for a better right to the variety, the processing of the application shall be suspended until the case is finally resolved.
section 18 of the transfer application, If someone looks like Eviralle, that he has a better right to possession of the variety, as the demand for transfer, Approved the will of his application for him. At the same time, the transferee shall be subject to payment of a fee.
Before the transfer of the claim has been finally resolved, the application shall not be inadmissible, accept, reject, or cancel.
section 19 of the variety at the request of the applicant, the examination of the variety to the examination of the tax administration to organize international methods for the purposes of determining whether a variety of distinctive, uniform and stable, unless for special reasons the study not to be regarded as unnecessary.
The applicant shall submit the necessary material of the variety or the technical service conducting the research necessary for other information Eviralle.
section 20 of the adoption of the decision of the plant variety right after the time reserved for the tax administration to find out the claims, whether the requirements set out in section 11 of the varieties, as well as makes a decision on the approval of the plant variety right. The decisions on the applications and cancellations will be published and approved a decision on the applications referred to in article 22, shall be entered in the plant variety rights.
the period of validity of the Community plant variety right of article 21 shall be valid from the day of the date on which the Authority has made a decision. The right may be maintained for 30 years from the beginning of the year following the approval decision by paying the annual fee for each calendar year by the end of January.
Plant variety right shall expire if the applicant is granted to a Community plant variety right protected variety.
Kasvinjalostajanoikeusrekisteri this website offers plenty to keep the plant variety rights shall be entered in section 22 of the approved Community plant variety right, the following information: 1) number in the register of plant variety right;
2 the holder of the plant variety right and the agent) name and contact information, company and registration number, place of residence, the change of the notification agent as well as the name and address of the processor;
3 genus and species) to plant the variety belongs, as well as the variety description in the header;
4 the name of the denomination of the variety) approved a proposal for the date and the identification of the processor;
the date of the application, the application number 5) and the date of publication and the date of acceptance of the plant variety right;
6) granted the privilege and the State in which the earlier application was filed, the variety as well as of the application the date on which the application is made;
the payment of the annual fee of 7);
8) granted a compulsory licence or the use of a compulsory licence and authorization; mutual recognition
9) the lien;
10) Approved the decisions of appeals, declarations, and ulosmittaukset, a seizure on the decisions made by the courts in the case;
11) end date of the plant variety right.
If the entry to the registry, cannot be immediately solved, into the registry to mark the conclusion of the entry was requested.
Plant variety rights and the register of documents shall in other respects, the law on rural business management information system.
The regulation of the Ministry of agriculture and forestry can provide more detailed provisions on the content of the task of the register of entries.
removal from the register pursuant to article 23 of the Entry if it is shown that the registered licence, the lien or a compulsory licence has expired, the entry shall be removed from the registry.
A natural 22 of the personal data will be deleted from the register referred to in paragraph 2, no later than ten years after the period of validity of the plant variety right has been extinguished. The removal of the information deposited in the register, shall apply to the personal data Act (523/1999) provides for, or under it.
The registry deleted data archiving provides the Registry Act (831/1994).
Chapter 5 the denomination of the variety denomination of your choice and use of section 24, the variety must be able to distinguish on the basis of the designation of a variety denomination where other varieties of the same species, or its close relative.
The name may not be accepted if it is confusingly similar to a trade mark, trade name or other name, ID, which the other than the applicant is in such a way that this one is an obstacle to the registration of the designation of a variety denomination.
When propagating material of the protected variety is marketed, it must use the name of an approved variety. The name of the approved varieties must be used even after the expiry of the period of validity of the plant variety right has expired or is otherwise extinguished.
The regulation of the Ministry of agriculture and forestry may be the name of the selection of varieties and variety for more detailed provisions in the use of the name.
section 25 of the repeal of the designation of a variety denomination and a variety of renaming the name of the approved varieties, annul the Import if: 1) the denomination of the variety has been approved for the adoption of this law in breach of the and the obstacle is still there;
2 the holder of the plant variety right as required and demonstrated), the existence of legitimate reasons; or 3) to the right decision, which prohibits the use of the name of the variety.
The holder of the plant variety right shall be the variety denomination approved an action for annulment of the request, and shall request it to submit a new proposal for a variety denomination, within 30 days of receiving the request.
Approved the proposal for the new name to be investigated. When a new name is approved by the Authority, it shall be published and registered.
The regulation of the Ministry of agriculture and forestry can provide more detailed provisions repealing and amending the designation of a variety denomination.
Chapter 6 of the plant variety right to termination, invalidity and termination of the Authority of the plant variety right to confiscate the imposition of section 26 of the decision of the plant variety right lakanneeksi if a new plant variety, notes the holder shall inform the Eviralle written kasvinjalostajanoikeudestaan.
If the annual fee is not paid in accordance with section 21, the holder of the plant variety right to Import must be urged to pay the annual fee within the time limit Approved by the Community plant variety right shall cease. If the holder of the plant variety right has not paid the fee within the time limit, the tax administration concludes by decision lakanneeksi of the plant variety right.
If a Community plant variety right is the notification or there is a dispute, the registered lien or the transfer of the plant variety right is pending, a Community plant variety right shall not terminate so long as the garnishment or lien is valid, or the dispute has not been finally resolved.
Article 27 of the Declaration of invalidity of the Community plant variety right shall be declared invalid by the Court of Justice, if the right to the grant of: 1) distinctness or conditions relating to the novelty has not been there;
2 the unity or the conditions relating to the conduct of the variety), there has been no decision of the plant variety right to which it relates essentially has the approval of and is based on the information provided by the applicant.
The Court shall declare the Community plant variety right null and void, if the right has been granted to an applicant who is not entitled to it, unless the Authority to move the plant variety right to which it is entitled to it.
3 L:lla 31.1.2013/115 is repealed.
the number of plant variety right pursuant to article 28 of the confiscation of the proceeds from the imposition of the tax administration, the holder of the plant variety right if: 1) is not in a position to produce the variety of propagating material of the protected variety, whose characteristics correspond to the markers;
2 the holder of the plant variety right does not provide the Approved request) within a time limit of propagating material of the variety, documents, and other information that is necessary in order to determine the variety, you may rest assured, in a satisfactory manner; or 3) the denomination of the variety has been revoked, the holder of the plant variety right after the adoption of the plant variety right and does not propose a new acceptable a variety denomination.
Article 29 of the Community plant variety right shall be entered in the register of plant variety right, the end of the registration of marks: 1) If a Community plant variety right has been extinguished in accordance with article 26;
2. a Community plant variety right is declared by the Court) if the final decision invalid, in accordance with article 27;
3) if it is Approved by a decision of confiscation provided for in accordance with article 28; or the end of the period of validity of 4) in accordance with article 21.
Chapter 7 the mutual use and compulsory licence as well as a compulsory licence, the holder of the licence If section 30 of the plant variety right has given to the other the right to use the protected variety has been a professional (licensed), this shall be made available, the right to continue only if so agreed.
If the license belongs to the company, it may be supplied in the event of transfers of undertakings, unless otherwise agreed.
If the holder of the plant variety right to announce his resignation from the kasvinjalostajanoikeudestaan and the variety in the register of a licence, the holder of the authorization shall inform the Approved use of a reasonable period of time in order to reserve the rights before the tax administration points out, by decision lakanneeksi of the plant variety right.
section 31 compulsory licence if the holder of the registered variety propagating material is not produced on the market, in the general interest in terms of the reasonable conditions and food supply adequate to meet the needs of the public, can it, who wants to use a variety of professionally in Finland, to the holder of the plant variety right for the procedure, subject to the compulsory licence is not an acceptable reason. A compulsory licence from the holder of the plant variety right also includes the right to obtain the necessary quantity of propagating material of the variety.
A compulsory licence may be granted only for the conditions, which are considered to be in an acceptable way and to permit the use of the plant variety right shall comprise the terms. A compulsory licence shall not prevent the holder of the plant variety right in order to exercise his right to the use of the variety, or by permission.
A compulsory licence granted in the Court, which determines the extent of protected varieties may be used, as well as to establish the terms of the compulsory licence consideration and others. The requirement of the holder of the plant variety right, the Court may revoke the compulsory licence or fix it with the new terms, if significantly changed circumstances so require.
32 section Mutual compulsory licence If the holder of a patent concerning a biotechnological invention cannot exploit it without infringing a prior plant variety right, the variety he may apply for a compulsory licence to the Court of Justice of the appropriate remuneration, the right to a protected variety for non-exclusive use. If the holder of the patent shall be granted to the holder of the plant variety right to such compulsory licence, is then entitled to a cross-licence on reasonable terms to use the protected invention.
The authorization referred to in subparagraph (1) above, the applicant must demonstrate that he is not the holder of the plant variety right to obtain a permit and successful by way of the invention represents significant technical progress of considerable economic interest compared with the protected variety.
Patent law (550/67) provides for the protection of the right to a compulsory licence to use the patented invention.
Chapter 8-law protection to prevent an infringement of section 33 If someone infringes the exclusive rights produced by the plant variety right, the Court may prohibit him from continuing or repeating the Act.
34 the Court may order the suspension of section 33 of the intermediary referred to in the claim, the holder of the plant variety right in dealing with the order of the transmitter, server or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the plant variety right to the alleged to be defamatory (injunction), as it is not unreasonable, taking into account the alleged infringer of the plant variety right, the holder of the rights to the intermediary and the plant variety right.
Before bringing an action provided for in article 33, the Court may, on application by the holder of the plant variety right to give an order of suspension, if the conditions set out in subparagraph (1) is subject to, and if it is apparent that the implementation of the rights of the holder of the right otherwise to seriously in jeopardy. The Court is to be reserved, as well as the person to whom the order is sought to be given, that the alleged infringing a Community plant variety right, the opportunity to be heard. The order for service of the person to whom it is applied for, may be sent by post or fax, or e-mail. (31.1.2013/115)
The Court may, at the request of the temporary suspension order referred to in paragraph 2, without consulting the alleged any violations may result, if the urgency of the matter, it necessarily requires. The order is in effect until further notice. The alleged infringer an injunction is an order without delay, after the adoption of the opportunity to be heard. When the alleged any violations may result, the Court shall forthwith be decided whether the order or cancel it. Under this section of the injunction not be compromised by a third party's right to send and receive messages. The suspension order shall enter into force on the date on which the applicant natural person who set the bailiff (705/2007) 8 the security referred to in article 2 of chapter. The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML. Under paragraph 2 or 3 of the suspension Ordinance shall lapse, unless the proceedings referred to in article 33 are not taken within one month of the adoption of the order in a court. (31.1.2013/115)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as the execution of the alleged injury suffered by the infringer an injunction as well as the costs of the case, if the proceedings provided for in article 33 shall be rejected or is dismissed as inadmissible or if the matter is left to the old, therefore, that the applicant has withdrawn his application to the Court or not. The same is valid if the withdrawal or suspension pursuant to paragraph 3 of the order under paragraph 4 lapses. The replacement of the damage and the costs of the proceedings Chapter 7 Chapter 12.
the holder of the plant variety right under section 35 of the confirmation proceedings or, on the basis of the compulsory licence for the use of, or the right to use of the plant variety right under the protected variety may take proceedings on the basis of the protection of the plant variety right, whether he issued against another, if such a thing is unclear, and it causes him harm.
That uses or intends to use the plant variety right on the basis of a protected variety, can the holder of the plant variety right, on the same conditions to drive against the proceedings, whether or not there is an obstacle to the functioning of the plant variety right granted to the said.
Article 36 compensation and damages Which, either intentionally or through negligence infringes a Community plant variety right, or the provision in the third paragraph of article 24 of the variety in the use of the name of the holder of the plant variety right, has a duty to reasonably can be undertaken in a variety of the allowance and to pay those incurred by the damage, which is caused by the infringement. If negligence is minimal, compensation may be adjusted.
If the use of the plant variety right to insult or name as referring to the third paragraph of article 24 of the infringement was not committed deliberately or through negligence, the infringer shall be obliged to carry out of a reasonable allowance can be undertaken in a variety of.
The use of the designation of a variety denomination where the infringement or of the plant variety right to mean a breach of the third paragraph of article 24, to redress and compensation for the damage shall require only the last five years before the action was brought.
If a Community plant variety right has been declared invalid by a final judgment, the obligation to compensate for damage refund or does not exist.
In addition to the compensation for damage is valid, what are the damages Act (412/1974).
section 37 of the farmer to Farmer, who fails to discharge the obligation laid down in article 6 of the Act, the holder of the plant variety right to compensation shall be obliged to carry out. The amount of the fee is determined by the Community plant variety rights pursuant to Council Regulation (EC) No 1782/2003 2100/94 and article 14 (3) of the rules for the application of the exemption for agriculture provided for in Commission Regulation (EC) No 1782/2003 1768/95.
Article 38 the Court may restore a Variety of plant material to the application of the injured party, as is reasonable, to order that the variety of plant material, to which the infringement is an emanation of the State, shall be handed to the redemption. The foregoing shall not apply to the person who in good faith has received a variety of plant material or a particular right to it and not themselves are not infringed a Community plant variety right.
The variety as referred to in sub-section 1, the plant material is having a seizure, if the infringement has suffered from a variety of plant material, and the disclosure requirement is made as ulosottokaaressa.
Article 39 violation of Temporary protection if someone other than the applicant for the benefit of the variety and the variety used professionally appendix material during the period referred to in article 14, the provisions concerning patent infringement shall apply to the plant variety right, if a Community plant variety right since then.
Temporary protection of the plant variety right during the infringement cannot be judged or Chapter 9 of the Penal Code (39/1889) referred to in article 2 of Chapter 49.
The damage that has occurred before the publication of the application referred to in article 16, may be ordered to be paid in only 36, according to the article.
If the action for damages is brought within one year of the adoption of a new plant variety, is the provision of article 36 shall apply.
the publication of the judgment, the Court may, under section 40 of the plant variety right to the dispute the applicant's infringement of the requirement to provide that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, I was where the defendant is found to have infringed a Community plant variety right. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by the judgment of the Court judgment which has become final.
Chapter 9 penalty provisions under section 41 of the plant variety right to insult Who intentionally violates the exclusive right provided for in article 4, is to be condemned, if the Act is not punishable under section 2 of Chapter 49 of the Penal Code: violation of the plant variety right for the purposes of teollisoikeusrikoksena, to a fine.
42 section Kasvinjalostajanoikeusrikkomus Which, either intentionally or grossly negligent neglects as provided for in article 6 of the tietojenantovelvollisuutensa or violation of the provisions of the third paragraph of article 24 of the variety in the use of the name, is to be condemned to a fine kasvinjalostajanoikeusrikkomuksesta.
the cultivation of the variety of data protected by article 43 of the abuse, the holder of the plant variety right, that intentional or grossly negligent use pursuant to article 7 of the released information, contrary to section 7 (2) of the said law the purpose laid down in, or breach of the obligation to disclose information on the cultivation of the protected variety, must be condemned to a fine of any misuse of data.
Article 44 the criminal prosecution, a prosecutor may not be prosecuted 41 to 43 for the infringements referred to in article, unless the owner of the report that the prosecution be placed in.
Chapter 10 miscellaneous provisions article 45 (31.1.2013/115) Approved a decision of appeal under this Act on an appeal is brought against a decision by appealing to the law Approved by the administrative act (586/1996).
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start in the market (100/2013).
46 section (31.1.2013/115) to place litigation in this legal dispute and the application are in the market.
The processing of the application of the dispute and the issues in the market provided for in the Act on the right to start in the market.
47 section (31.1.2013/115) Court in criminal matters, the criminal prosecution of the criminal code, Chapter 49, section 2 of the teollisoikeusrikoksesta, as well as a Community plant variety right referred to in this law 41 of the offensive — for the infringements referred to in article 43 deals with the District Court of Helsinki.
In the context of the charge referred to in paragraph 1, the matter can be dealt with in the private prosecution for an offence referred to in section 36 due to the credit memo and the claim notwithstanding the provisions of article 46.
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.
Article 47 (a) (31.1.2013/115) the Import statement in criminal proceedings referred to in article 47 above, the Court of Justice shall apply to the right to obtain the opinion of a Eviralta start, the market Court Act, Chapter 4, section 22 of the Act provides for the right to obtain the opinion of the law of the market.
section 47 (b) (31.1.2013/115), an expert in criminal matters in dealing with the matter referred to in section 47 District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.
section 47 c (31.1.2013/115) notice of Eviralle in criminal proceedings referred to in article 47 above, the court seised of the obligation to notify, the solution to Eviralle, shall apply to the right to start the market Court Act, Chapter 4, section 23 provides for the right of the obligation to notify the market solution.
the fees to be levied in accordance with article 48 of this law, Approved the payment of the State fee to the State fees provided by law (150/1992) on the basis of the criteria set out in.
the holder of the plant variety right pursuant to article 49 of the applicant and of the applicant for or the holder of the plant variety right to the agent if you do not have a domicile in Finland, the applicant for or the holder of a must be a resident of the European economic area, which is entitled to represent the applicant for, or holder of, a Community plant variety right in all cases.
date of entry into force of section 50 of This Act shall enter into force on 1 January 2010.
This Act repeals the law of 21 August 1992 on the protection of plant variety right (787/1992) issued by the European Community, as amended and acknowledging the misconduct on the part of the plant variety right and the protection of the law of 5 March 1999 in Finland (239/1999).
The provisions adopted pursuant to the annulled the law on plant variety right and the entry into force of the provisions shall continue to apply, until otherwise provided by this law.
At the time of entry into force of this Act, pending on the basis of the Community plant variety right, as well as the kasvinjalostajanoikeushakemuksiin and the case of a Community plant variety right that has been granted prior to the entry into force of this law shall apply to the laws.
At the time of entry into force of this law, the period of validity of the Community plant variety right in force in accordance with the laws of the pidentyy the decision of the acceptance of this.
Before the entry into force of this law may be to take the measures needed to implement the law.
If a reference is made to the law in force at the time of entry into force of this law, the law on the status of the plant variety right, it shall be governed by this law.
THEY'RE 98/2009, 11/2009 MmVM, EV 236/2009
The change of the date of entry into force and the application of the acts: 31.1.2013/115: this law shall enter into force on 1 September 2013.
Approved the decision, which was made before the entry into force of this law, in the event of an appeal, upon the entry into force of this law, in accordance with the provisions in force.
The application of the dispute, and the criminal case in the District Court, which has been initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012