Amendments To The Plant Variety Protection Act

Original Language Title: Grozījumi Augu šķirņu aizsardzības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/223551

The Saeima has adopted and the President promulgated the following laws: law on protection of plant varieties in the plant variety protection Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 12; 2006, nr. 1; 2007, no 3; Latvian journal 101 no, 2010.) the following amendments: 1. Express article 12 the following: ' article 12. State plant protection service tasks in plant variety protection State plant protection service: 1) examine applications for the grant of the breeder and decide on a breeder's right is granted, the extension of the power loss and cancellation;
2) confirms variety made in Latvia the results of the inspection;
3) recognises other International Union for the protection of new varieties of plants (UPOV) varieties carried out in the Member States the conduct of tests for distinctness, uniformity and stability test (hereinafter referred to as the variety test) results in accordance with the laws and regulations of a variety concerning the appraisal of its distinctness, uniformity and stability;
4) monitors and controls the examination of the variety in Latvia;
5) license agreements for the transfer of the rights of the breeder;
6) organizes and maintains crop monitoring information system of State of Latvia's protected national register of plant varieties;
7) within the limits of its competence, cooperate with international organisations;
8) perform other functions provided for in this Act;
9 take all actions) according to European Union law on plant variety protection. "
2. Express article 18 as follows: "article 18. Variety testing and authorisation of varieties for testing (1) check out the following institutions: 1) in Latvia: the institution of the national plant protection service laws on a variety concerning the appraisal of its distinctness, uniformity and stability test in the order provided by permission of variety testing;
2) outside of Latvia, one of the following varieties: (a) the inspection authorities) other Member State of the European Union's institutions, which, in accordance with the Commission on 17 September 2009, Regulation (EC) No 874/2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community plant variety Office, article 15 of the agreement has been concluded for a variety of inspection, (b)), the International Union for the protection of new varieties of plants (UPOV), the institution of the Member State If that country is the European Free Trade Association (EFTA) Member State and carrying out a variety of specific species.
(2) permits a variety of inspection shall be issued by the national plant protection service laws on a variety concerning the appraisal of its distinctness, uniformity and stability test. Permit is issued within two months from the date of the application for admission to the examination of the variety.
(3) the examination of the variety is carried out in accordance with: 1) on legislation a variety concerning the appraisal of its distinctness, uniformity and stability test of the specified Community plant variety Office (CPVO) of variety testing protocols (in electronic format available on the national plant protection service website);
2) on legislation a variety concerning the appraisal of its distinctness, uniformity and stability of the International Union for the protection of new varieties of plants (UPOV) breed test guidelines (available in electronic format on the national plant protection service website) as long as the genus, species or group of varieties not specified the Community plant variety Office (CPVO) checklist of the variety;
3) laws of a variety concerning the appraisal of its distinctness, uniformity and stability test methodology, if the respective genus, species or group of varieties in the laws of a variety concerning the appraisal of its distinctness, uniformity and stability test is not specified nor the Community plant variety Office (CPVO) checklist of the variety, not the International Union for the protection of new varieties of plants (UPOV) breed test guidelines.
(4) if the genus, species or group of varieties is not designed nor the Community plant variety Office (CPVO) checklist of the variety, not the International Union for the protection of new varieties of plants (UPOV) breed test guidelines and the test is not carried out, check out one of these varieties in the first part of the examination referred to in paragraph 2, the authorities under the relevant national legislation.
(5) the Cabinet of Ministers issued a variety concerning the appraisal of its distinctness, uniformity and stability tests rules determine: 1) of the Community plant variety Office (CPVO) breed test protocols and the International Union for the protection of new varieties of plants (UPOV) breed test guidelines under which the inspection to be carried out;
2) requirements for the examiner;
3) variety inspection authorization and cancellation procedures;
4) required for testing the variety paraugšķirņ collection requirements and approval procedures;
5) the examiner of the variety of conditions and of monitoring arrangements;
6) breed test conditions and procedures;
7 the organisation of the examination of the variety);
8) test results of the variety of conditions and approval procedures;
9) breed recognition of test results.
(6) the Cabinet of Ministers issued the rules on the methodology of the inspection of the variety of crops species, which are not designed for the Community plant variety Office (CPVO) protocols or checks of the International Union for the protection of new varieties of plants (UPOV) varieties of test guidelines. "
3. Add to article 22 paragraph 4 with the following: "4) variety review body — for a variety of issue of the inspection."
4. transitional provisions: to make paragraph 5 by the following: "5. The Cabinet of Ministers to the 2011 April 1 article 18 of this law shall be issued a five paragraph these provisions. To the Cabinet of Ministers of the date of entry into force of the provisions, but not longer than until the 2011 April 1 apply to the Cabinet of Ministers of 28 March 2006, the Regulation No. 243 "order in which organized or carried out the examination of the variety and take a decision on the recognition of the result of the examination of the variety", as long as they do not conflict with this Act. ";
make paragraph 8 by the following: "8. The Cabinet of Ministers to the 2011 April 1 issue this law, article 18 of the sixth part of the provisions referred to in krūmcidonij of the distinctness, uniformity and stability test methodology. To the Cabinet of Ministers of the date of entry into force of the provisions, but not longer than until the 2011 April 1 applicable Cabinet 9 February 2010 rules no 126 of the distinctness of Krūmcidonij ", uniformity and stability tests" of the common methodology, in so far as they do not conflict with this Act. ";
Replace paragraph 9, the word "second" with the words "the sixth";
transitional provisions be supplemented with 10, 11 and 12 of the following paragraph: "10 to 2012 January 1, varieties of the examiner in Latvia, which in accordance with the Cabinet of Ministers of 28 March 2006, the Regulation No. 243" order in which organized or carried out the examination of the variety and take a decision on the recognition of the result of the examination of the variety "contracted with the national plant protection services for a variety of inspection, the varietal testing terms pursuant to article 18 of this law the requirements of the third paragraph.
11. examination of varieties that started before January 1, 2011, completed in accordance with the laws and regulations that were in force, checking the opening of varieties.
12. This law, article 18, paragraph 1, first subparagraph and second subparagraph, and article 22, paragraph 4 shall enter into force on January 1, 2012. "
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament in December 16, 2010.
President Valdis Zatlers in Riga of 2010 December 30.