The Republic of Latvia, the law on the protection of plant varieties chapter one General provisions article 1. The scope of the law this law applies to plant varieties belonging to this law, as set out in annex botāniskaj genera or species.
2. article. Breed registration conditions (1) the plant variety may be registered only if it is: 1);
2) different;
3) sufficiently uniform;
4) stable.
(2) the register, it must be assigned to this law, the provisions of article 12 of the corresponding name. In addition, the applicant must comply with the formalities provided for in this Act and pay the appropriate fees. The granting of the exclusive rights of the breeder shall not be extra to put any other conditions.
3. article. Breed News (novelty) (1) a variety is considered new if its registration filing date applicant or someone else with his permission variety propagating material or any part of the plant is not sold or otherwise transferred to third parties for commercial use: a) in Latvia — earlier than one year before the filing of the application;
b) outside Latvia — earlier than six years before the filing of the application for vines, fruit trees, ornamental trees and shrubs or trees of the forest;
c) outside Latvia, earlier than four years before the filing of the application for the other plants, which are not mentioned in the first paragraph of this article, «b».
(2) If this Act shall apply to the genera or species of plants to which it was applied before then, then recently established breed, which is the start date of the period of protection already exists, is treated as a new even in cases where that sale or transfer to third parties occurred before the first paragraph of this article.
4. article. Distinctness the variety in the variety is considered distinct if at least one of the characteristic symptoms are clearly distinct from other varieties, which has become generally known before the date of application, as follows: 1 the application) shall be filed in any country, if the result of the application for a breeder's right or the variety has been included in the official register of varieties;
2) is to be included or published the official list of varieties;
3) commemorating the open statement in the summary;
4) it application accurately describes the publications or making known any other way.
5. article. Uniformity of variety is a variety is deemed uniform if they plant that reproduced the method suggested by the breeder, their characteristics are sufficiently balanced.
6. article. Stability of the variety variety is regarded as stable if, after successive propagation with breeder recommended method of characteristics for the variety does not change significantly.
7. article. Breeder (1) in accordance with this law for a breeder can be: 1) a person who is in Latvia for the variety, created or had;
2) a person who is the employer of the aforementioned person or subscriber, if the work contract or breeding station of the statutes for other provisions;
3) above successors.
(2) where the variety is up more variety performance together, the breeder's rights they have in common. Their interrelationships are determined on the basis of a written agreement. If the agreement is not concluded, each of them can use the breeder's rights at its discretion in the granting of an exception, as well as the transfer of the breeder to another person. These actions of the right of the breeder co-owner may exercise only mutual agreement or in accordance with a decision of the Court of Justice.
8. article. Breeder's right to breed established in another country (1) breeder's right may also be obtained: 1) breeder, who created the breed in another country which is 2 December 1961, the Convention for the protection of new varieties of plants of the Member State (hereinafter referred to as Member States), or his successor in title;
2) breeder: citizen or resident who created the breed outside of Latvia, or his successor in title.
(2) the breeder's rights may also be acquired by any other person, if the variety at the Latvian National Council of plant varieties is crucial for the Latvian people's holding.
9. article. The Republic of Latvia, the national plant variety Board and the Latvian National plant variety comparison Center (1) of the Republic of Latvia, the national plant variety Board (hereinafter the Board) is created on the basis of the decision of the Government to ensure scientifically and commercially reasonable structure formation of plant variety rights in Latvia.
(2) the Council shall decide questions on the registration of plant varieties, their inclusion in the Republic of Latvia for the cultivation of the preferred and prospective list of varieties, as well as other Council regulations in matters relating to the implementation of plant variety rights and protection.
(3) the Ministry of Agriculture of Latvia's national plant variety comparison Center (hereinafter referred to as the variety Centre) to fulfil the decisions of the Council and on behalf of: 1) adopt and review the application for variety registration and other related documents;
2) conditions of registration of varieties of expertise;
3) organizes the examination and follow up of varieties in accordance with special rules;
4) issue and revoke the certificate of registration of the variety;
5) licences for the transfer of the right of the breeder;
6) round of Latvian National Register of plant varieties;
7) other Varieties of this Act and the regulations provided for in the Centre.
10. article. The Republic of Latvia national register of plant varieties in accordance with this law, the new varieties registered in the Republic of Latvia register of plant varieties (hereinafter register) which sorts the breeds Centre. At the same time with the variety denomination of the variety shall also be recorded.
All amendments relating to the rights of the owner and the breeder of the variety name change, cancellation of the registration of licences and renewals are marked in the registry.
The second chapter of variety registration and its consideration of article 11. Variety registration (1) an application for registration of the variety (hereinafter application) the breeder or his successor in title, or by their authorized person submitted the variety Centre. For each breed registration must submit a separate application.
(2) the application must be composed of: 1) the application for registration of the variety in which the applicant attests that the variety meets the 3-6 of this Act and the requirements of article 13; indication of the applicant's 2} name and address;
3) indication of the author's name and address;
4) if the applicant is a transferee, the breeder, the document certifying the applicant's right to file the application;
5) where the application is submitted by an authorised person-power;
6) for in-depth description of the variety, which specifically describe one or more of the characteristics by which the variety differs from the other varieties;
7) proposal for variety denomination;
8) document, certifying that the application fee has been paid;
9) if necessary, a request for konvencijprioritāt.
(3) if necessary, after the submission of the applicant to provide sufficient quantities of seed or plant material, documentation and other information for the evaluation of the variety.
(4) an application for the registration of the variety must be submitted to the Latvian language. Other documents may also be submitted in Russian, English or German. If the documents are not submitted to the Latvian language, two months must be accompanied by a translation into Latvian language.
12. article. Name of the variety (1) the variety name and its spelling should provide varieties of plants from the other varieties and should comply with the international nomenclature of the crop requirements. Name of the variety to be used even after the expiry of a period of protection of the variety. The registered variety denomination should not be used for another of the same plant species or a related species or variety of seed or planting material.
(2) the variety denomination shall not be registered if it: 1) consists only of digits, unless it is a usual practice of the (assumed) name of the variety;
2) gives the opportunity to mislead the public, may lead to confusion as to the varietal characteristics, physical characteristics, or in relation to the breeder;
3) is contrary to the law or other normative documents or is offensive;
4) may be confused with the name of the variety, which those same plants (related to plant species or plant seeds) registered or already proposed to register the registry or other official list of varieties;
5) can be mixed with another person's protected trademark, product name, company name or other designation;
6) can be mixed with the applicant if the protected variety material or similar material trade mark. Varieties of the Centre in the Republic of Latvia may be permitted to register the name applied for abroad, without taking account of paragraph 1 and in paragraph 2 of these constraints.
13. article. Konvencijprioritāt (1) the first application of the breeder or his successor in title may be submitted in any Member State. If the breeder after the first 12 months of the application submitted to the other Member States the application of the same variety, the other case has a right of priority of the date of the first application. The first day of the filing of this time are not counted.

(2) to demonstrate the priority, the applicant, within three months of submission of the application must be lodged in the center of the varieties priority date supporting document and samples or other evidence that in both applications that variety is one and the same. If there are important reasons, varieties of the Centre may at the request of the applicant, extend this time.
(3) the breeder's right, three years after the priority date to submit a variety of additional information to the Centre, documents or materials required for the inspection and testing of the variety.
(4) the submission of the application, the new varieties utilization or publication of news on it can not be a reason for the rejection of the application on which priority is requested, if these facts relate to the subject of the first application and the application is filed within 12 months from the priority date. These same facts can not be grounds for any third party would have the right to breed.
14. article. The registered authorized natural persons who are resident outside Latvia and legal entities located in foreign countries, using the center of the registered Varieties authorized services.
15. article. The application review (1) month from the date of filing of the Application Center checks of varieties in compliance with this law and article 12 2 requirements and advise the applicant on the acceptance of the application for review or for the need to supplement an application with missing materials or additional materials, or on the refusal to accept the application for review.
(2) the requested materials must be made within two months of receipt of the request. If there are justifiable reasons, at the request of the applicant, the Centre of varieties may extend that period by one month. If the applicant violates the down time, does not eliminate the deficiencies specified or does not respond to the request, the application of expertise is deemed to be withdrawn. On the applicant is sent a notice.
(3) in the event of refusal the applicant is entitled to a period of two months to submit objections to the Government's appeal of the Commission set up. The decision on the opposition is taken within a period of two months from the date of receipt.
16. article. Restoration of the right of the breeder if the Court finds that instead of the applicant, but the third person is entitled to the registration of the variety, and this person's request, the application is forwarded to it. Successor must pay a new application fee.
Article 17. The publication of the application and submission of the objection if the previous examination found that the composition is properly designed all the required documents and no other obstacles to the registration of varieties, varieties of document Center published in the official bulletin of the news of the application. After publication, any person may, in the Centre of varieties to familiarize yourself with the application materials and fees to receive copies of these materials. On the application is checked. Opposition to registration must be made in writing within six months from the date of the publication of the report.
18. article. Variety testing, registering varieties variety News Centre, distinctness, uniformity and stability in accordance with special regulations, approved by the Ministry of agriculture. On the examination of the variety is required to pay a fee.
19. article. Registration of a variety (1) after the termination of the opposition period and completed the examination of the variety (if needed), the applicant is sent a statement of objections and received the results and you are given the option of two months to notify the Centre of the Varieties its opinions on any of the examination or opposition.
(2) the decision on registration of the variety shall be adopted by the Council in accordance with this law, 2. — the provisions of article 6.
20. article. The appeal if the decision is negative, the Council, the applicant is entitled to appeal the Commission's appeal.
21. article. Time limit for appeal and Appeal fee in accordance with article 20 of this law must submit the appeal to the Commission within two months from the date of receipt of the decision of the Council, while paying the prescribed appeal fee. If the fee is not paid, the appeal is not considered. The Appeals Commission shall consider the appeal within three months.
22. article. The appeal of the Commission's decision to challenge the Commission's decision if the appeal of the applicant not satisfied, he two months from the date of receipt of the decision may bring an action in court.
23. article. Breed registration if the Council, when examining an application, has adopted a positive decision, the traditional variety entered in the register, the decision shall be published in the Official Gazette and shall issue to the applicant a certificate of registration of the variety.
24. article. Variety Center official bulletin published news about 1) applications;
2) registration and its cancellation of varieties;
3) change of name of varieties;
4) Appeal Commission and court decisions;
5} issued licenses;
6) other information relevant to the protection of varieties.
25. article. Fees (1) The protection of the rights of the breeder and the related activities under this Act within the scope of the Council of Ministers must pay the following fees: 1} for submission (11, 16);
2) for a variety test (18, 30);
3) on the appeal (article 20);
4) for license registration (article 32);
5) annual fee to the period of protection of the variety;
6) additional fee for annual fees timely payment;
7) for other legally significant acts.
(2) the annual fee to be paid for each calendar year from the beginning of the year, which directly following the adoption of the decision on registration. The fee must be paid not earlier than six months before the start of the calendar year, but with the additional fee not later than six months after the start of the calendar year.
In the third chapter the BREEDER's Rights article 26. Breeder's rights (1) the breeder's right means that no other person without permission of the breeder the right holder must not convert a variety of income sources;
1) production, reproduction, preparation to seeding condition, storing or entering and leaving Latvia in Latvia as a seed, or any of the plants with the goal to offer these materials for sale, reproduction or other transactions for the purpose of propagation;
2) sale, offering for sale or other transactions of seed material or any part of this plant variety propagation purposes;
3) in cases where repeated use of seed material is required for other varieties of seed production, using the same variety of material or any part of the plants of such manufacture or produced with the goal to offer material for sale or other transactions for the purposes of reproduction.
(2) the first paragraph of this article, the rules are applied in the case of varieties: 1) with substantial inherits the features of the protected variety, unless the protected variety is not itself significant inherit other varieties;
2) which is different from the protected variety only with changes that are induced by any of the methods, which allow to save the breed or genotype combinations of genotypes (natural, induced or somaklonāl the mutant random, atkrustošan and gene engineering methods);
3) which does not differ enough from the protected variety under article 2 of this law;
4) that reproduction requires multiple use of the protected variety.
27. article. Restrictions on the right of the breeder (1) the breeder's rights shall not apply to the use of the protected variety: 1) personal or komercionālo purposes, not including cases where the grower, for the purposes of reproduction or use his property in the assigned land uses part of the harvest that he won from protected varieties or varieties referred to in this law, article 26, paragraph 2, subparagraphs 1 to 3;
2) for experimental purposes;
3) as a raw material for the purposes of acquisition of other varieties, except where this law will apply article 26 paragraph 2 requirements to article 26, paragraph 1, the activities envisaged by the resulting varieties.
(2) the breeder's right does not apply to transactions with the protected variety or paragraph 2 of article 26 of the seed of these varieties of material or any part of such a variety of plant derived directly from material which even a breeder or other persons under his authority sells or otherwise distributes Latvia unless the aim of this action is: 1) reproduction of the variety;
2) leave the seed variety that allows the reproduction of the variety in the State in which the genus or species of the plant variety is not protected, except where the exported materials is processed for consumption.
28. article. Breeder's right for the duration of the breeder's right is acquired to the date of registration of the variety and is valid for 25 years, counting from the beginning of the year, directly following the decision on registration in force.
29. article. Breed varieties of author's right to the author, that is, the natural person who created or had a variety, have the right to: 1) be named for a variety of authors and cited as such in all materials and publications for a given variety;
2) to submit proposals for the name of the variety, without harming the interests of the breeder;
3) require a contract with the employer for proper remuneration for the use of the variety.
The fourth chapter, the use of the REGISTERED variety article 30. Check the protection of the variety in the period

Registered varieties of uniformity and stability testing, the protection of varieties in the Center may require the breeder of the variety rights owner in seed supply, documentation and other information necessary for the inspection.
31. article. License agreement (1) the owner of the right of the breeder of your right to use the registered variety of income sources can be transferred to another person, the exclusive licence shall be issued or a simple license or through a free license.
(2) the exclusive licensee (licensee) obtained exclusive rights to use the brand in accordance with the license agreement terms. Licensor (the licensor) retains the right to the use of the variety, to the extent provided for in the Treaty.
(3) when issuing a simple license, that is, by granting the use of the variety rights the licensee, the licensor retains the right to grant the licence to the same variety of third parties. The licensee may not further transfer their rights to another person, if the agreement is not for the licence.
(4) the breeder's rights owner can publish the Official Gazette notification that any person against the payment is entitled to use the variety the breeder of the day on which it is informed in writing of the rights of the owner and the breeder breeds Centre, provided, however, that will be paid the amount specified in the notice.
(5) the Centre shall register the varieties tag for a free license.
(6) free license tender varieties protection in case the fee is reduced by 50 percent, from January 1 next year.
(7) in accordance with the application of the owner of the rights of the breeder and the owner of licenses for all the free consent of the Centre of varieties may withdraw free license grant.
32. article. License and registration, the license holder license (also a compulsory licence) the Treaty and change the license holder must be registered in the Centre of varieties for entry in the registry and paying the appropriate fee. Unregistered license agreement is not in effect. If the license is terminated, the entry in the register is void.
33. article. Compulsory licence if the market is not sufficient to ensure the national economy or the public interest of the registered varieties of important material, any person wishing to produce and sell this variety in Latvia, you can sue for the granting of a compulsory licence. Compulsory licence also includes the right to obtain from the holder of the breeder seed supplies.
34. article. The granting of a compulsory licence a compulsory licence on the basis of a ruling issued by the Centre by Varieties, the appropriate entry in the register. The Court shall also determine the extent to which a variety can be used, the amount of the refund and the other in-race agreement licenci. Depending on the circumstances of the case the Court by the injured party may cancel the compulsory licence or establish a new arrangement.
35. article. Restrictions to a compulsory licence for a compulsory licence shall be issued only to the person who can provide a variety of acceptable use and under license. Compulsory licence does not own the rights of the breeder of the variety or the owner use license grant.
36. article. The protected variety material production and marketing to the protected varieties of seed, planting or other propagating material (seeds) to produce, prepare to trade and trade with it may be just the right holder, of the breeder and the owner of the license, that such rights acquired in accordance with the law, article 31-35 and a validly registered varieties.
37. article. Plant variety seed certification and trade with it (1) in the Republic of Latvia in accordance with the rules approved by the Ministry allowed to sell only certified seed (recognized).
(2) in the Republic of Latvia all the varieties of seed certification (recognition) of the Ministry of Agriculture of the State seed Inspectorate under the Ministry of Agriculture approved regulations.
(3) the list of varieties recommended for Cultivation include important economic crops, the Ministry of agriculture.
(4) for the Certification of varieties contained in the Republic of Latvia for the cultivation of varieties recommended list or covered by special permission of the Ministry of agriculture.
(5) the protected variety seed certification if the keeper is the owner of the right of the breeder or has been granted a variety Center registered license.
The fifth chapter of the cancellation of the registration and other amendments to article 38. The breed's early removal from the register, the Council shall adopt a decision on the removal from the register of the variety, if: 1) the breeder the right holder is not made annual contributions in accordance with article 25 of this law. Breeder's right to withdraw from the beginning of the year for which the payment has been made;
2) the breeder the right holder does not provide seed or planting material in the documentation or other materials needed for follow-up;
3 follow-up of the variety) found that the variety is not maintained it had characteristics that at the time of registration;
4) breeder rights owner in writing that he renounces the right of the breeder;
5) after the breeder's right is granted is cancelled and the breeder of the variety denomination of a period of three months has not proposed a new article 12 of this law the provisions of the appropriate title;
6) has a special decision of the Court.
39. article. Cancellation and re-registration procedure (1) where the variety has been registered in breach of the requirements of this Act, the Court may cancel the registration.
(2) the Court of Justice for a variety of other people to re-register the name may be submitted only to the person who is requesting to be recognized as the owner of the right of the breeder. Claim commenced during the year, from the date on which the applicant learned about registration and other circumstances of the case, if the fees have been paid.
(3) other claims may be made by any person who has suffered damage as a result of registration, but if the public interest so requires, the relevant official.
40. article. The change of name of the variety If under this Act is the Foundation to change the name of the variety, the Council will propose to the applicant of the variety offers a new breed name that breeds Centre after the reconciliation track. Details of the name change is published in the official bulletin.
The sixth chapter the liability for VIOLATION of the rights of the proprietor of the VARIETY and the procedural rules in article 41. The impairment of the breeder of the damages resulting from (1) the Person who touched the right breeder, the breeder must pay the right holder adequate remuneration for the use of the variety, as well as to other damages incurred as a result of the infringement of the law.
(2) the claim for damages shall be commenced within five years from the date of the loss suffered. If the deadline is not extended, the rights to remuneration are lost.
42. article. The transfer of the plant material, the owner of the right of the breeder (1) in order to prevent further violations of the law, the Court may not lawfully acquired the plant material against payment of the appropriate transfer to the person (if required), whose rights have been violated.
(2) this rule shall not be applied to a person who in good faith acquired the material or special rights and pal are not touched the right breeder.
43. article. Limitations of damages due to a variety of temporary protection (1) in cases where a third party uses a variety of business, to which the application is made, and which, on the basis of this application, is registered, the provisions of this law relating to the right of the holder of the breeder's rights shall apply from the date of publication of the application. In this case, the damages recoverable only in part, relating to compensation for the use of the variety, unless the breeder the right holder is not warned of the person concerned on the application before its publication. Then temporary protection shall enter into force from the date of receipt of the warning, but no earlier than the day on which the application is submitted to the center of the varieties.
(2) in article 41 of this law referred to in the second paragraph, the period of limitation shall not apply where the requirement referred to in the first paragraph of damages is brought within one year from the date of registration of the right of the breeder.
44. article. Responsibility for the breeder's impairment of the Person who offended the right breeder, called to administrative and criminal liability in accordance with the procedure prescribed by law.
45. article. Breeder's right the recognition or approval of (1) the owner of the right of the breeder or the licensee may apply to the Court to recognise their right to breed under civil law cases.
(2) the breeder's rights after the application of the person concerned, may be challenged in court.
46. article. Council information on the rulings of the Court the Court ruling adopted this law, 16, 33, 39, 41-44. the matters referred to in article 1, should be sent to the Council during the month of their entry into force.
Chapter seven international agreements article 47. International treaties

If the Republic of Latvia, the conclusion of the international agreement differ from the laws of the Republic of Latvia for the protection of plant varieties, in the territory of Latvia, the applicable international treaty provisions.
48. article. Variety testing abroad variety registration with the Council decision can be verified in another country or international organization, subject to the conclusion of the international agreement. Variety registration the applicant who has previously made the same breed registration in another country, you must submit information about test registration requirements in the country.
The Republic of Latvia Supreme Council Chairman a. GORBUNOV of the Republic of Latvia Supreme Council Secretary l. DAUDIŠ 1993 in Riga on April 6, the Republic of Latvia on 6 April 1993, the law «On protection of plant varieties» annex plant botanical genera and species covered by the law of the Republic of Latvia «on the protection of plant variety rights»