Key Benefits:
Law of 19 February 2005 laying down a new regime for the admission of varieties, the marketing of propagating material and the granting of plant variety rights (Zaaizaad-en Plant Law 2005)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to establish a new regime for the introduction of plant varieties, the marketing of propagating material and the grant of plant variety rights, in view of the fact that it was adopted on 2 December 1961 to adopt a new system for the marketing of plant varieties. Paris establishing the International Convention for the Protection of New Varieties of Plants (Trb. 1962, point 117), as last amended by Act of 19 March 1991 (Trb. 1992, 52), as well as various European directives relating to the marketing of propagating material of different types of crops;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
(b) the Council: the Council for plant varieties, referred to as: Article 2 ;
Breed: plant group within a single botanical taxon of the lowest known grade, which group, whether fully satisfied or fully satisfied by the conditions laid down by this law for the grant of a breeder's right, can be considered to be
-defined according to the expression of the properties resulting from a given genotype or a combination of genotypes,
-distinct from any other plant group on the basis of the expression of at least one of those characteristics, and
-regarded as a unit, having regard to its suitability to be propagated unchanged;
d. the Racial Register: the Netherlands Racial Register, named in Article 25 ;
e. Rebellion: delimited, in terms of composition, sufficiently uniform population of trees;
f. propagating material: plants and parts of plants intended to be used for the cultivation of crops or for propagation or used for that purpose;
(g) placing on the market: making available, selling, holding for sale, providing for sale, or making available to third parties, as well as, against or without reimbursement, to third parties, making available or selling to third parties;
h. maintainer: the person who ensures that an accepted variety is maintained;
(i) supplier means any natural or legal person who, unlike its own business, produces, preserves, manufactures, processes, processes, manufactures or markets reproductive material, other than for use in the business of his own business;
j. breeder: the person who has grown a variety by his own labour, or who has discovered and developed the variety, or his/her legal acquitant;
Union: Union for the Protection of New Varieties of Plants, formed by States Parties to the International Convention for the Protection of New Varieties of Plants (Trb) established in Paris on 2 December 1961. 1962, point 117), as last amended by Act of 19 March 1991 (Trb. 1992, 52);
. Union State: State that is part of the Union;
m. trade directive or regulation: Directive, of the Council of the European Union or of the European Parliament and of the Council of the European Union, which is wholly or partly based on Articles 37, 52, 95, 152, or Article 175 of the EC Treaty concerns the vegetable sector and lays down rules on economic activities in that sector, the interests of customers, the internal market, quality, production with a view to placing on the market and placing on the market. the marketing of reproductive material, the environment, public health, technical requirements or the provision of information;
n. delegated directive, regulation or decision: Directive, regulation, or by the European Commission, which is based on a commercial directive or regulation.
There is a Council for plant varieties, which is responsible for:
a. Enrolling varieties and uprisers in the Racial Register according to Chapter 4 of this law;
b. The admission of varieties and rebellions according to Chapter 5 of this law;
c. the granting of plant variety rights in accordance with Chapter 7 of this law;
d. On the basis of Article 26 to draw up and publish national lists of authorised varieties and uprisers; and
e. permitting and enrolling in the register of plant groups as referred to in Article 85 .
The Council for Plant Variety Framework Law on self-employed administrative bodies applicable.
1 The Council shall be composed of at least seven and no more than 11 members, including the President. The appointment shall take place on the basis of competence in the field of tasks entrusted to the Council.
2 The Council may appoint one or more deputy chairmen from among its members.
3 A Secretary and one or more Deputy Secretaries shall be added to the Council, appointed by Our Minister.
4 The Council shall be attached to the Council in support of its work, to the head of whom the secretary referred to in paragraph 3 has been appointed.
5 In the case of a general measure of management, one or more sections of the Council may be established.
1 The appointment of the President and the other members shall take place for a period of five years.
2 The persons referred to in paragraph 1 shall be renewable immediately after their resignation. They may be reappointed for up to two times.
3 The person appointed to replace an interim open shall resign from the date on which the person in whose place of appointment he is appointed should resign.
The President and the other members, the Secretary and the Deputy Secretaries shall not take part in the handling of cases, in any respect of which they are personally involved.
1 The costs of the Council shall be borne by the State budget.
2 Our Minister proposes tariffs for:
(a) the examination of applications for tenders and catalogues of varieties;
(b) the taking into consideration of applications for the acceptance of varieties and uprises;
(c) the examination of applications for plant variety rights;
(d) carrying out the technical examination necessary to assess applications as referred to in subparagraphs (b) and (c);
(e) the issuing of copies and extracts from the register of varieties;
f. each year that a race or revolt has been registered in the register of varieties as a result of admission or in connection with the grant of plant variety rights;
g. the provision of opinions as referred to in Article 58, fourth paragraph , and
h. the consideration of applications for the authorisation of plant groups as referred to in Article 85 .
3 The rates referred to in the second paragraph shall be as follows:
a. having a direct connection to the activities referred to in paragraph 2 (a) to (h);
(b) do not exceed what is necessary to cover the incurred expenses attributable to those distinguished activities; and
c. separately, each crop or category of crops covered by the activities of the Council shall be determined separately.
4 The rules on the imposition and collection of tariffs and the periodic adjustment of fares to take account of developments in wages and prices shall be laid down in the Ministerial Regulation.
(5) In the absence of payment within the period prescribed by the Council, the Council may recover the amount due from the order of order. The 4:114 to 4:124 of the General Administrative Law Act shall be applicable mutatis mutandis.
6 The Council shall not take any documents and shall not provide any copies or extracts from the register of varieties until such time as the amount due under this Article is not fulfilled.
1 The Council may hear witnesses and experts in relation to the admission of varieties and rebellions and the granting of plant variety rights.
2 Each one of whom has been summoned as a witness shall be obliged to comply with this call.
3 The Articles 191 and 203, second and third paragraphs, of the Code of Civil Procedure shall be applied in respect of the witness.
4 The Council is able to recommend that witnesses, who have not been properly called upon to appear, are being led by public power.
5 The Articles 197 to 199 , 203 and 205 of the Code of Civil Procedure shall be subject to corresponding application for witnesses.
6 The experts are required to perform their duties impartially and in a way that is best known.
1 The Council shall adopt rules of management, which shall, in any event, be governed by the Rules of Procedure:
(a) the Council's working methods and the division of labour between its members;
b. The summons of applicants, applicants and other interested parties, as well as witnesses and experts;
c. The financial compensation to be paid to witnesses and experts.
2 The Council may, on the basis of the rules of management referred to in paragraph 1, forward the representation to one or more members of the Council or to the secretary in the matter of law. The Council may provide that this representation relates only to certain matters.
3 The Council may, on the basis of the rules referred to in the first paragraph, assign tasks and powers to one or more members or to the Secretary of the Council, to be assigned to them.
1 In the case of a general measure of management, one or more legal persons governed by private law with full jurisdiction shall be entrusted with the examination of propagating material and the issuing of supporting documents or registration for the performance of the provisions of Under Chapter 6 of this law.
2 The purpose of the inspection referred to in paragraph 1 shall be to determine whether propagating material satisfies the requirements of: Chapter 6 of this Law, including through examination of the propagating material or the provenance thereof, by means of sampling and by means of tests carried out.
3 A measure referred to in paragraph 1 may also charge an inspection body designated under that paragraph with the recognition or registration of suppliers intended for the purpose of the operation of the Article 42 .
1 A under Article 19 The designated inspection body shall not operate with a view to obtaining a profit.
2 The inspection body shall adopt rules governing the procedure for carrying out the inspection and the manner in which the documents are to be carried out and the marking of the documents and the registration of the documents. The Rules of Procedure require the approval of our Minister. Approval may be withheld by reason of the law or on the ground that the Rules of Procedure, in accordance with the judgment of the Minister, may impede the exercise of proper performance by the inspection body.
1 In so far as the cost of an inspection body relates to the Article 19 covered by the statutory tasks, they shall be covered from the fees to be determined by the assessment body and charges for:
a. The granting of the consent, specified in Article 39, sixth paragraph ;
b. The conduct of the Article 40 Assessment;
c. The issuing of supporting documents and registration documents, for the purpose of Article 41 ;
d. the examination of an application for the recognition or registration of suppliers, as intended Article 42 , or an application for renewal or amendment thereof;
e. the maintenance of a recognition or registration as referred to in (d) and
f. the provision of data as referred to in Article 64 .
2 The rates referred to in the first paragraph:
a. have a direct link to the activities referred to in that paragraph;
(b) do not exceed what is necessary to cover the incurred expenses attributable to those distinguished activities; and
c. separately, each crop or category of crops covered by the activity of the verification establishment shall be determined separately.
3 In the case of ministerial arrangements, detailed rules on the imposition and collection of tariffs, as well as on the periodic adjustment of rates to developments in wages and prices, shall be laid down.
4 In the absence of payment within the period laid down by the assessment body, the assessment body may recover the amount due from the order of the order for which it is ordered. The 4:114 to 4:124 of the General Administrative Law Act shall be applicable mutatis mutandis.
5 The assessment body shall not carry out activities referred to in paragraph 1 or shall cease to be of such a kind if the amount of the approval is not paid under this Article.
1 Amendments to the Articles of Association of a Article 19 Prior to their entry into force, the approved inspection body shall have the agreement of Our Minister. Our Minister is responsible for the publication of the Statutes in the Official Gazette.
2 The appointment and dismissal of the chairman of an inspection body shall be subject to prior approval by Our Minister.
The inspection body shall keep separate accounts in relation to the tasks entrusted to or under this Law and shall take immediate action and shall account separately in its annual accounts and tasks.
An inspection body as referred to in this Chapter shall be the subject of Framework Law on self-employed administrative bodies applicable.
1 There is a Dutch Racial Register which is intended for the registration of varieties and rebellions. The register shall be public.
2 In the register of varieties:
Varieties and uprises, which are Chapter 5 they have been authorised;
Varieties, for which, by virtue of Chapter 7 of this Law, plant variety rights have been granted;
c. Plant groups as referred to in Article 85 .
3 The invitation to tender shall be submitted by the Council, by reference to the description of the varieties adopted by the Council and, in so far as they are concerned, of the name adopted by the Council.
4 The name of the registered name shall be regarded as a generic term.
5 In the case of, or under general management, rules shall be laid down on the establishment of the register of varieties and of the information specified in the second paragraph of registration of varieties, stocks and plant groups. In any event, the information referred to in the first sentence shall be:
a. an indication of the technical examination carried out for the admission of a variety or an insurrection, for the purposes of the grant of the breeder's right, Article 35, first paragraph, parts a, b and c , below Article 49, seventh paragraph ;
(b) in so far as they are authorised varieties for which a conservation holder has been designated: an indication of the maintainer or conservation holder;
c. As far as rebellions are concerned, an indication of the owner or manager and the growth site of the insurrection.
1 In order to implement binding decisions of the Council of the European Union, of the European Parliament and of the Council of the European Union, or of the European Commission, the Council shall jointly draw up national lists of the products in the Netherlands of a crop Varieties and uprisers admitted on the basis of data contained in the register of varieties.
2 The establishment of a national list referred to in paragraph 1 shall be communicated in the Official Gazette.
1 The in Article 25, third paragraph The term 'designation' shall be designed to identify the variety for which it is intended.
2 The name shall be different in particular:
(a) in so far as it concerns a variety for which plant variety rights have been granted: of any name indicating, in any Union State, an existing variety of the same or of a related crop;
(b) in so far as other varieties are concerned, any name which, in any Member State of the European Union or any other State which is a party to the Agreement on the European Economic Area, is a variety of the same or one of the varieties already existing crop designates.
3 The name is not contrary to public order or to the good mores.
4 The name shall be equal to the denomination already registered for the variety in any Union State or in any of the Member States or other States party to the Agreement on the European Economic Area, provided that they are: use here to be able to land.
5 No name shall be identified as such with a trade name or mark in such a way that its use may lead to confusion as to the nature or origin of goods.
6 In the event of a binding act of the Council of the European Union, the European Parliament and the Council shall, by means of a binding decision of the Council of the European Union, lay down detailed rules on the name of the latter. When setting rules as referred to in the first sentence, account shall also be taken of the recommendations adopted by the Council of the European Union regarding the name of varieties for which plant variety rights have been granted.
1 Before establishing a name, the Council shall make a communication to this effect in the Official Journal.
2 An interested party may raise objections to the Council for eight weeks from the date of communication to the Council referred to in paragraph 1. Article 27 (5) -to the name of the name.
3 The Council shall not adopt a name before deciding on the reservations referred to in the second paragraph.
4 The office referred to in Article 1 of the Rijksocconsolation Act 1995 Submit to the Council, on request, any information concerning trade marks registered with him.
1 In application of the application for the grant of plant variety rights and in the application for the acceptance of a variety, the applicant shall propose the name of the variety.
2 The applicant shall also be entitled to a provisional designation. In such a case, it shall be required to submit a proposal for a definitive denomination on a date to be determined by the Council.
3 The proposal for the name shall be accompanied by a document containing the applicant, in the event of the proposed name being registered, to waive the rights of the applicant in any Union State or in any of the Member States of the European Union; Union or other State Party to the Agreement on the European Economic Area, with regard to that name, may have been equal to or similar to those names.
4 The Council shall propose the proposed name or the Article 27 (4) The name of the name shall be fixed, unless the Council considers that: Article 27 It opposes it. In such a case, the Council shall give the applicant the opportunity to propose a different name.
5 The Council shall, on request, communicate to the Agency referred to in Article 1 of the Rijksocconsolation Act 1995 and the Office of the Union shall provide information on the names registered with him.
If the use of a registered name for propagation material of the variety in respect of which it is registered is prohibited by a judicial decision on the basis of a right of appeal to another relating to that name, the Council shall obtain a Request of the most successful party the registered name and a provisional designation, in consultation with the person having an interest in the admission of a variety or with the holder of the breeder's right.
2 The Council shall adopt an amended name after having given the interest in the admission of a variety or the holder of a plant variety right to propose a different name within a period to be determined, and Writes the amended name. Article 28 shall apply mutatis mutandis.
3 If it is established that a variety may not be included in a registered designation by the European Commission in respect of the crop, to which the variety belongs, adopted by the European Commission, the Council may, on an appropriate basis, be the request of the holder of the breeder's right, or of the person requesting the authorisation of a variety, to obtain a registered name and to register a provisional designation. The second paragraph shall apply mutatis mutandis.
1 The Council may adopt and submit a preliminary characterising description of the description.
2 The Council may supplement the description referred to in paragraph 1 and shall supplement the following:
a. at the request of the applicant;
b. of its own motion, if this is necessary in connection with the description of another variety, in which case the person having an interest in the admission of a variety or the holder of the plant variety right is heard, or for other reasons, but only in the case of the holder of the variety an agreement with the persons referred to above.
Without prejudice Article 3:41 of the General Administrative Law The decisions of the Council shall be published in accordance with this Chapter. Article 28 The person concerned, the person who has been Articles 30 and 31 interest in the admission of a variety and the in Articles 30 and 31 the holder of the plant variety right.
Of the products in this chapter and the Chapter 5 and 7 Applications and requests for and rejection of applications and requests shall be recorded in the register of varieties and shall be communicated in the Official Gazette.
The products in this chapter and the Chapter 5 and 7 as soon as the appeal has been decided on the expiry of the period of appeal, the tenders and endorsements made pursuant to such decisions and endorsements shall be made without the action being brought, or as soon as the appeal has been waived. by a written notification to the Council for that purpose.
1 In the case of, or under general management, rules shall be laid down on the acceptance of varieties and uprisers which may vary according to crop. In any event, these rules may concern:
a. Requip a technical examination to determine whether a variety is distinctive, homogeneous and stable;
b. the requirement for a technical examination to establish whether a variety has sufficient value for culture and use;
(c) the requirement to be established on the basis of a technical examination or a stand for forestry purposes, to be laid down by, or pursuant to, conditions to be laid down by the measure referred to in the chapeau for the purposes of production of the categories of propagation material to be notified;
d. the characteristics to which the technical examination referred to in points (a), (b) and (c) extends, as well as the requirements applicable to such research;
e. further requirements for the authorisation, as well as the conditions under which and the cases in which the authorisation is amended or withdrawn by the Council.
2 A variety shall be regarded as distinctible if it is clearly distinguishable from any other variety whose existence is generally known at the time of application. A variety shall be regarded as commonly known if the variety is submitted at the time of application for acceptance of a variety to be assessed, or on a common list of varieties established by the European Commission, has been authorised or is subject to an application for admission in a Member State of the European Union.
3 A variety shall be considered to be homogenous if, subject to the variation which may be expected from the particulars of its propagation, it is sufficiently uniform as regards its properties.
4 A variety shall be considered to be stable if its properties remain unchanged after successive multiplications or, in the case of a special propagation cycle, at the end of each cycle.
5 A variety has sufficient value for culture and use when, by the whole of its qualities, the varieties accepted in the Netherlands, at least for production in a given area, represent a clear improvement for the variety of varieties accepted in the Netherlands. the cultivation, the valorisation of the harvest or the products obtained therefrom. A lower level of certain properties can be compensated by other beneficial properties.
6 The technical examination referred to in paragraphs (a), (b) and (c) of the first paragraph shall be carried out under the responsibility of the Council. Rules may be laid down by or pursuant to the measure referred to in paragraph 1 on cases where and the conditions under which the Council may make use of the variety in respect of such variety for the purposes of technical examination of a variety. existing research reports, or the results of studies carried out by the applicant itself, and practical experience gained from cultivation.
1 The Council shall decide upon application for the admission of a variety or an insurrection.
2 The application for acceptance of a variety shall contain the following information:
a. a proposal for the name of the variety, intended in Article 29 ;
b. a characterising description of the variety and
c. A precise indication of the characteristics, which distinguts the variety from other varieties of the same crop.
3 One for the technical examination referred to in Article 35, first paragraph, points (a) and (b) , a sufficient quantity of the material of the variety to which the application relates shall be made available to the Council, on application by the Council and in accordance with the conditions laid down by the Council.
4 The application for admission of an uprising shall include an indication of the owner or manager of the uprising, an indication of the location of the uprising, as well as a characterizing description of the uprising.
1 An approved breed, an established insurrection, shall be entered in the register of varieties, including, at the same time as the entry in question, the acceptance of the variety, the acceptance of the variety, and of the Article 39, third paragraph , designated maintainer or conservation holder, or owner or manager of the insurrection.
2 The authorisation shall be a day drawing and shall begin work the day immediately following that on which the registration and endorsement referred to in the previous paragraph has been made in the register of varieties.
3 The Council shall ensure that an authorised variety which does not clearly distinguish itself from:
a. A variety previously authorised in the Netherlands or in another Member State; or
b. any other variety which has been assessed for distinctness, homogeneity and stability according to rules that correspond to the Article 35 rules without, however, a generally known variety as referred to in Article 35, second paragraph , to be,
bears the name of the variety concerned.
4 The previous paragraph shall not apply where the name referred to in that paragraph is misleading or can confuse the variety, or if other facts prevent its use, or if a right of a third party has the free use of this name shall be in the road for the variety concerned.
1 The admission of a variety or insurrection shall be null and void as soon as six months have elapsed since the fee, referred to in Article 6, second paragraph, part f , has become due, without payment of that payment. An endorsement of this expiry shall be recorded in the register of varieties.
2 If not paid within 14 days of the due date, the person who, according to the register of varieties, is the maintainer of the variety, or the applicant for the admission of an uprising, shall be sent by the Council, in the case of a letter signed by the Council, to its obligation to payment remembered.
1 In the case of or under general management measures, crops shall be subject to crop rules on the marketing of propagating material of varieties or rebellions belonging to those plants. Those rules may include:
(a) the condition that propagating material is marketed only if it comes from a variety or insurrection accepted and entered in the register of varieties or is included in the register of propagation material or is included in the register of varieties, or Established common list of varieties or rebellions;
b. the condition that only certain categories of propagating material are placed on the market;
(c) the condition that certain categories of propagating material are placed on the market only by the holder of the plant variety right of the variety concerned, or, if the variety does not exist, by the variety submitted to the Council; registered conservation holders.
2 In the case of or under the measure referred to in paragraph 1, rules may also be laid down concerning:
(a) the supervision of the conservation and marketing of propagating material of a variety which is no longer maintained;
(b) placing on the market for export, outside the territory of the European Union, of propagating material of varieties and stands which do not comply with the conditions set out in the first paragraph.
3 The registration of conservation holders as referred to in paragraph 1 (c) shall be made by the Council at the indication of the inspection body. If this is necessary for technical reasons, the Council shall designate a single conservation holder. The latter shall be obliged, for the purpose of providing, for the production of propagating material, suitable material for the production of propagating material, subject to conditions to be laid down by the Council, which shall, for this purpose, make known the wish.
4 In respect of crops, for which a binding decision of the Council of the European Union, of the European Parliament and of the Council is joint or of the European Commission, rules concerning the placing on the market of crops, which are subject to the Agreement on the European Economic Area apply throughout the territory of the European Economic Area, the first paragraph, part a, and the second paragraph, part b, shall apply mutatis mutandis in the territory of the European Economic Area. European Economic Area.
5 By way of derogation from the rules laid down pursuant to the first paragraph, it shall be permitted to place small quantities of propagating material for scientific or culture purposes.
6 By way of derogation from the rules laid down pursuant to paragraph 1, an inspection body may, on request, authorise the placing on the market of propagating material or the placing on the market of suitable propagating material of a given period. Quantities of propagating material for research and testing or for the conservation of genetic diversity, in so far as propagating material of a variety or insurrection in at least one of the Member States of the European Union application for admission has been submitted.
7 The conditions under which the consent referred to in paragraph 6 may be given and the quantities referred to in that paragraph shall be determined by ministerial arrangement.
1 It shall be prohibited to place on the market propagating material which has not been determined, on the basis of an inspection, to comply with the rules governing the quality of propagating material laid down in or pursuant to a general measure of management.
2 The rules referred to in paragraph 1 may relate to:
a. The varietal authenticity, the health, the growth force, the dimensions and the purity of the propagating material;
b. sorting, classification, care, packaging, handling and marking or labelling of the propagating material, in so far as they are related to the subjects listed in subparagraph (a);
c. the technical establishment and administration of the holding as well as the technical management and management of the holding;
d. the method of inspection of the propagating material.
1 If by or under a general measure of management as intended in Article 40 have been laid down rules on the inspection of propagating material, including documentary evidence and registration documents intended solely for the purpose of being presented by or on account of the beneficial owner of propagating material or the packaging, or accompany the propagation material.
2 In the case of or under a measure referred to in Article 40 rules for the issuing, manufacture, holding and stocking, and the delivery and use of supporting documents, and of the registration of the plates, stamps and other machinery for the manufacture or otherwise of use affixing the supporting documents and marking.
1 The suppliers shall be prohibited to place on the market propagating material of crops designated by Our Minister without any recognition or registration by an inspection body.
2 A recognition or registration shall be valid only for a period specified above for the abovementioned operations in respect of propagating material of the crops mentioned.
3 A recognition or registration may be subject to conditions or requirements by the assessment body. A recognition or registration may be granted under restrictions, or be carried out on a non-personal basis.
4 The first paragraph shall not apply to suppliers who sell or supply only those who do not engage in the production of crops or the placing on the market of propagating material.
1 A recognition or registration as referred to in Article 42 may be made on request and shall be subject to the request if the requirements of general administrative action have been met.
2 The requirements referred to in paragraph 1 may cover, inter alia:
(a) the technical equipment of the holding;
b. the production process and storage;
c. documentation relating to the production process, storage or delivery, and
d. Supervision or customs control of compliance with the provisions of, or under this law, compliance with the provisions of this Act.
A ministerial arrangement shall lay down rules on the application for recognition or registration or renewal or amendment thereof and on the procedure for the treatment. It may, inter alia, determine:
a. which data and documents are produced before an application is made;
(b) within what period of time after amendment of the information referred to in subparagraph (a), an amendment to recognition or registration is requested.
A recognition or registration as referred to in Article 42 may be suspended, revoked or deleted by the inspection body if:
(a) the operations for which the recognition has been granted or registered, no longer being carried out; or
b. No more to the in Article 43 the said requirements shall be fulfilled after the holder of the approval or registration has been granted a reasonable period of time for adjustment.
1 Without prejudice to the right to conduct a trade name and a trade mark, propagating material of a variety entered in the register of varieties or registered under this law shall be marketed exclusively under the registered name.
2 Where, in any country, a name is prescribed for a variety other than the registered name to be listed here, reproductive material of that variety shall be exported to that country only under the name prescribed therein.
3 By way of derogation from the first paragraph, propagating material of a registered variety shall be carried out under a common name in the country of import:
a. To other than Union States, in so far as it concerns a variety subject to breeder's right granted, or
(b) States other than one of the Member States of the European Union or of any other State party to the Agreement on the European Economic Area, in so far as it concerns a variety for which no plant variety right has been granted.
4 The registered name or the word corresponding to it shall not be used for any other material of the same or a related crop.
1 The inspection body shall ensure that propagating material which does not comply with the rules laid down in this Chapter or in accordance with this Chapter is withdrawn from the market. To this end, the assessment body shall require the offender, in writing, to remove, store or destroy, within a period of time to be determined, the trade of unsound propagating material.
2 If an offender does not take measures within the period referred to in the first paragraph as referred to in that paragraph, the assessment body shall be empowered to take such measures at the expense of the offender itself.
(3) The assessment body may, in the event of a compulsory order, recover the costs due from the second paragraph from the offender. The 4:114 to 4:124 of the General Administrative Law Act shall be applicable mutatis mutandis.
1 Our Minister may waive or exempt from the provisions of or pursuant to this Chapter.
2 Exemptions and derogations are granted only:
a. It is necessary to provide the market with sufficient reproductive material of crops of interest; or
b. For the purpose of carrying out temporary experiments.
3 For exemptions and exemptions, conditions and restrictions may be attached.
1 In the case of, or under general management, rules governing the cultivation of crops may be laid down.
2 The rules referred to in paragraph 1 may relate to:
a. the use of propagating material, including the prohibition on the use of certain types of propagating material or the setting of conditions attached thereto;
b. the use of agricultural land, including the lodging of conditions on the use of such land, in order to prevent the pollution of seed;
(c) administrative obligations associated with those referred to in parts (a) and (b), including the obligation to notify.
1 Our Minister may waive the provisions of the Article 48a, second paragraph, part b , for the purpose of research into the crossing of genetically modified organisms or to the mixing of genetically modified organisms with non-genetically modified organisms.
2 For exemptions, conditions and restrictions may be attached.
1 Plant variety right may be granted for varieties of all crops belonging to the plant-rich species, in so far as the varieties new, distinctive, homogeneous and stable are concerned.
2 A variety shall be regarded as new if, at the time of submission of the application for the grant of plant variety rights, propagating material or harvested material of the variety has not been sold or otherwise made available to third parties, by consent of the breeder, for the purpose of exploiting the variety, for a period of time:
a. in the Netherlands: no more than one year prior to the date referred to in the introductory phrase;
b. outside the Netherlands: either no longer than four years, or, in the case of trees or vines, no longer than six years prior to the date referred to in the introductory sentence.
3 For the purposes of paragraph 2, the fact that material of a variety has already been provided to others for testing shall not be relied upon against the breeder of that variety or his legally-established counterpart.
4 A variety shall be considered to be distinctble if it is clearly distinguishable from any other variety whose existence is widely known at the time of application. In any case, varieties for which an application for the grant of a breeder's right or registration of that variety has been lodged in an official register of varieties shall be regarded as commonly known from the date of application, provided the application is known. leads or has led to the granting of a breeder's right or registered in the register of varieties.
5 A variety shall be considered to be homogenous if it is satisfied Article 35, third paragraph .
6 A variety shall be deemed to be stable if it is complied with Article 35, fourth paragraph .
7 In order to determine whether a variety complies with the conditions laid down in the fourth to the sixth paragraph, a technical examination shall be carried out under the responsibility of the Council. The characteristics of the investigation and the requirements to which the investigation complies shall be established by ministerial arrangement. Rules may be laid down on cases where, as well as the conditions under which the Council may use a variety of research reports or the results for the technical examination of a variety, it may be the practical experience acquired by the applicant itself and with the cultivation of cultivation.
1 The claim for the grant of plant variety rights shall apply only to the breeder.
2 Where the variety is grown or discovered and developed outside the Netherlands or by a natural person who is not a Dutch national, or by a legal person without a registered office in the Netherlands, equal entitlement to the award of Breeder's right to the extent that the Netherlands is subject to a breeder's right under an international agreement.
3 If a variety has been bred or discovered and developed outside the Netherlands, and the grounds of rearing referred to in paragraph 2 do not exist, a plant variety right may be granted, if it is a variety for which the variety is both in the country where the variety is cultivated as in the Netherlands, a right of plant variety rights may be granted.
(1) If the breeder has bred or discovered and developed a variety in the context of a service or contract for the provision of services for the benefit of another, other than to pay, which is the provision of services or the farmer shall, by way of derogation from the provisions of this Agreement, bring together the farm or development work in respect of the crop to which the variety belongs. Article 50 to the employer or to the client or to the employer or principal.
(2) In the case referred to in paragraph 1, the breeder is entitled to a remuneration for equity, unless such reimbursement can be regarded as already being included in the salary enjoyed by the breeder or in the benefits provided by those farmers.
3 Any derogation from the second paragraph shall be void.
If two or more persons, other than in the case of Article 53 , in cooperation a new breed has been bred or discovered and developed together, they jointly claim the grant of plant variety rights.
If under Article 52 two or more persons who would be entitled to enjoy the same new variety independently of each other, the right to grant a plant variety right shall be granted to the person who has applied for the same new breed.
1 A breeder who has submitted an application for the grant of plant variety rights in another Union State in accordance with the rules in force shall, for the purpose of obtaining plant variety rights in the Netherlands, enjoy a right of priority for the same variety, provided that:
(a) within 12 months of the lodging of the application in the relevant Union State, excluding the date of the application, a provisional application shall be made in the Netherlands, where a written appeal is made to the right of priority;
(b) a copy of the documents submitted by the competent authority of the relevant Union State within three months from the date of the submission of the provisional application; and
(c) within two years of the expiry of the period referred to in subparagraph (a), as a complete application for Article 55 is submitted.
2 The priority means that by way of derogation, in so far as the Articles 49 to 53 , on an application submitted in accordance with paragraph 2 (c) in the Netherlands, no impact has been made in the time between submission of the application in the other country and the provisional application was made, and in particular not the the lodging of an application by another or the placing on the market of propagating material of the variety.
1 The application for the grant of plant variety rights shall be submitted to the Council.
2 The application shall contain the following information:
a. A proposal for the denomination of the variety, according to the Chapter 4 set rules;
b. a characterising description of the variety; and
c. A precise indication of the characteristics, which distinguts the variety from other varieties of the same crop.
3 One for the investigation, intended to be carried out in Article 49, seventh paragraph , a sufficient quantity of material of the variety to which the application relates shall be made available to the Council, on application by the Council and in accordance with the conditions laid down by the Council.
4 If an applicant has no domicile or seat within the territory of the European Union, it shall be obliged to choose an address for service within the Netherlands with an authorised representative, whichever choice is considered to be effective. until notified to the Council of the change to the chosen domicile.
1 The Council shall decide on an application for the grant of plant variety rights and shall, in accordance with Chapter 4 the characterizing description and the name of the variety.
2 At the time of registration of the variety in the register of varieties, a simultaneous endorsement shall be made of the grant of the breeder's right.
3 The breeder's right obtains as a day drawing and begins to work the day immediately following that on which the registration and entry in the register of varieties referred to in the preceding paragraph was made.
1 The holder of a breeder's right to a variety has the exclusive right to produce or further propagate propagating material of that variety for the purpose of marketing, to place on the market, to import, to import, for a variety of varieties, to produce a have in stock and carry out these operations.
2 It is prohibited to the holder of the plant variety right from carrying out the acts mentioned in paragraph 1. This prohibition shall not apply if, in the case of or by virtue of this law or by the holder of the plant variety right, consent has been granted.
3 The prohibition shall not apply to:
a. transactions carried out in the private sphere and not business;
b. operations carried out exclusively for the purpose of scientific research;
c. operations carried out for the cultivation of other varieties.
4 The exclusive right shall also apply to acts relating to harvested material of the variety, including plants and parts of plants, which have been obtained by the use of reproductive material not authorised, except where the the holder of the plant variety right could reasonably have exercised his right in respect of the propagation material.
5 The exclusive right shall also apply to acts relating to products made directly by the use of harvested material of the variety for which authorisation has not been granted, except where the holder of the breeder's right is not authorised could have reasonably exercised its right in respect of the materialted material.
1 The in Article 57, first paragraph , as referred to above, law shall also apply to the acts referred to in that paragraph in respect of material of:
a. breeds, which are derived from the in Article 57, first paragraph , that protected variety, unless the protected variety itself is derived from a different variety;
b. breeds which are Article 49, fourth paragraph , are not clearly discernible from the protected variety;
c. The varieties of which the variety is used for the production of the variety.
2 For the purposes of paragraph 1 (a), a variety shall be considered to be derived from a different variety if the first variety:
a. mainly derived from the original variety or from a variety which is itself predominantly derived from the original variety,
b. on the basis of Article 49, fourth paragraph , clearly distinguishable from the original variety, and
c. corresponds to the original variety in terms of the expression of the essential characteristics resulting from the genotype or the combination of genotypes of the original variety, with the exception of those resulting from the genotype of the original variety; From the department handle.
3 The first paragraph, part (a), does not apply to varieties whose existence at the time of the entry into force of the Act of UPOV 1991 was well known. Article 49, third paragraph , shall apply mutatis mutandis.
4 The Council may, upon request, advise on whether a variety to be indicated in the request is derived from a variety which has been granted plant variety rights by the Council.
5 The Council's opinion referred to in paragraph 4 shall contain the grounds on which it rests.
1 In the case of a general measure of management, it may be decided that the species of crops belonging to that general measure of management should be subject to a general measure of management. Article 57, first paragraph , the exclusive right does not apply to the use for breeding purposes within the own company of a producer of that variety or a variety as referred to in Article 3 (1) of this Regulation. Article 58, first paragraph, part a or b .
2 For the use of harvested material for breeding purposes within the undertaking, restrictions or conditions may be imposed on or pursuant to the general measure of management referred to in the first paragraph, covering inter alia: in respect of the maximum quantity of harvested material to be added, the information and supporting documents to be provided by the producer to the holder of the plant variety right and the fees payable to the holder of a plant variety right.
The in Article 57, first paragraph , as referred to above, law does not apply to acts with material of the protected variety or of a variety as specified in the Directive. Article 58, first paragraph , which has been put into circulation in the Netherlands or in one of the Member States of the European Union or in another State which is a party to the Agreement on the European Economic Area, by or with the consent of the holder of the breeder's right, or which is derived from such material, with the exception of operations:
a. holding a further multiplication of the variety to which the material belongs;
(b) those exports, other than for consumables, entail the material to a country where varieties of the crop to which the variety belongs do not have an open protection comparable to the protection provided for by the species in question; This law may be obtained.
1 The holder of a plant variety right is obliged to grant the licences which are necessary in the public interest.
2 The obligation laid down in the preceding paragraph shall mean that the holder of the plant variety right provides the reproductive material necessary for the exercise of the licence against a reasonable fee.
3 The holder of a breeder ' s right is required to license a patent holder against a reasonable fee if the patent holder cannot exploit a patent for a biotechnological invention without infrinating it. the rights of the plant variety rights of earlier date and the biotechnological invention represent significant technical progress of significant economic interest in relation to the protected variety.
4 If the holder of a plant variety right has been granted a licence on the basis of Article 57, fifth paragraph, of the Rijksocconsolation Act 1995 , the holder of the breeder's right is obliged to grant to the proprietor of the patent on his request a reciprocal licence under reasonable conditions to use the protected variety.
1 Where the holder of the plant variety right is subject to his obligations, Article 61 , failure to comply shall be granted by the Council at the request of the party concerned.
2 Before deciding on the occasion, the Council shall give the parties the opportunity to reach agreement within a period to be determined by it.
3 In the absence of agreement, the Council shall decide, after hearing the parties. The decision shall determine the amount of the licence, the amount of the allowance to be paid to the holder of the plant variety right and the quantity of propagating material to be granted and the compensation to be paid. The Council may, when deciding to grant the licence to the transferee, impose a security within a specified period.
4 After the licence has been granted by the Council and the obligation to lodge a security, if it has been imposed, is fulfilled, the licence shall be entered in the register of varieties. The licence shall first operate after that registration, including against those who have obtained rights to the plant variety right after the application of the application referred to in the first paragraph.
1 The power of a licence is subject to the power to carry out the acts defined therein, which Article 57, first paragraph , not to be released to any person other than the holder of the breeder's right.
2 In the absence of any other provisions, a licence shall be valid for the whole duration of the breeder's right and shall cover all acts which are subject to the consent of the holder of the breeder's right under this law.
3 A licence issued other than by virtue of the Articles 61 and 62 , shall be entered in the register of varieties at the request of the licensee. It shall be valid against third parties following that registration.
An under Article 19 designated inspection body, as well as a Article 8 of the Agricultural Quality Act designated control-setting, to the extent that this control is at or under That Act -for the examination of propagating material, issued on request to the holder of a plant variety right in the Netherlands in respect of the reproductive material approved by the inspection body, the control body, approved in the Netherlands, and the the persons or undertakings which have produced and, to the extent possible, produced propagating material of the variety in respect of which the plant variety right has been granted.
1 A breeder's right and a right to grant a breeder's right, as well as to the full right and to a share thereof, may be subject to transfer or other transfer.
2 The supply required for the transfer of a breeder's right or right, arising out of an application for the grant of plant variety rights, shall be made by a deed.
3 Any reservation regarding the transfer shall be defined in the Act; in the absence thereof, the transfer shall be valid for unlimited purposes.
4 The transfer works against third parties first, when the deed is entered in the Racial Register.
5 To the effect that this invitation to tender is to be made by the Council, the two Parties shall be equally competent.
1 Where a breeder's right is jointly committed to more persons, their relationship to each other and to third parties shall be governed by the agreement reached between them, however, as to their relation to third parties, only to the extent to which they relate to it appears from the register of varieties.
2 If there is no agreement or, if the agreement is not laid down otherwise, any person entitled to exercise the right to apply the plant variety right and to act against acts in breach of the contract shall be entitled to a licence or to the consent, specified in the Articles 57, second paragraph , and 60 In the case of beneficiaries, they are only granted in common.
3 Any person entitled to sell them at a reasonable price before the transfer of his rights to a third party shall be required to offer them for sale at a reasonable price.
1 The right to a breeder's right to a breeder's right shall be established by means of an act and shall work against third parties first when the document is entered in the register of varieties.
2 The lien is obliged to enter residence at the Hague in a declaration signed by him, to the Council. If that choice has not been made, the seat of the Council shall be the chosen place of residence.
3 The provisions of the instrument establishing the pledge relating to licences to be issued after registration shall be valid from the moment that they have been registered in the register of varieties, including against third parties. Clauses referred to in the first sentence of the licence for licences, which had already been granted at the time of registration, shall apply to the licence holder after having been given notice of the licence at the door of the door operator.
4 Acts, proving that the lien has ceased to exist or has become powerless, shall be entered in the register of varieties.
1 The attachment of a plant variety right shall be laid down and the minutes of seizure shall be entered in the register of varieties by the corresponding application of the provisions of the Law of Civil Procedure on the enforcement of the law on immovable property and conservatory on immovable property, it being understood that in the minutes of seizure rather than the nature and location of the immovable property, an indication of the plant variety right is to be included.
2 An estrangement, encumbrance, under-winding or grant of a licence, reached after the registration of the minutes, cannot be relied upon against the attachment.
3 Licence fees which have not yet been paid prior to the registration of the minutes shall be subject to a herd placed on the plant variety right after the registration of the registered herd has been served on the licence holder. Such fees shall be paid to the notary for whom the execution will take place, provided that it is expressly communicated to the licensee by service, and subject to the rights of third parties which the executant must respect. What is paid to the notary is until the Article 69, second paragraph , the yield referred to. The Articles 475c , 476 and 478 of the Code of Civil Procedure shall be applicable mutatis mutandis.
4 The registration of the minutes of seizure may be removed:
a. pursuant to a written declaration made by the bailier that he/she orders the attachment of the seizure or the attachment of the seizure;
(b) pursuant to a court order put up for registration which seeks to eliminate or cause the seizure of the seizure or seizure of the herd.
5 The Articles 504a , 538-541 , 726, 2nd Member , and 727 of the Code of Civil Procedure in the case of attachment to a plant variety right, mutatis mutandis.
1 The sale of a breeder's right by a lien or an attachment to the story of a claim shall be in public before a competent notary. The Articles 508 , 509 , 513, 1st Member , 514, second and third paragraphs , 515-519 and 521-529 of the Code of Civil Procedure shall be applied mutatis mutandis subject to the conditions laid down in respect of mortgages and mortgage holders for the liens and pledges of the breeders ' rights.
2 The distribution of the proceeds shall be effected by corresponding application of the Articles 551-552 of the Code of Civil Procedure .
1 The holder of a breeder's right may maintain his right to any person who, without being entitled to do so, is one of the following: Article 57 of the acts referred to.
2 The court may order that the holder of a plant variety right, the intermediaries whose services are used by third parties to infringe his plant variety right, shall order the services used to make that infringement.
3 The court of supply may, at the request of the holder of a plant variety right, allow temporary continuation of the alleged infringement of that right under the condition that the security is lodged for the compensation of the damage suffered by the holder. Under the same conditions, the courts may permit the continuation of the provision of services by the intermediary referred to in the second paragraph.
4 Compensation may be sought only from the person who knowingly carries out the acts. Deliberate action is in any event, if the infringement has been committed, after the person concerned has been alerted to the fight between the acts and the breeder's right.
5 In appropriate cases, the court may fix the compensation as a lump sum.
6 Instead of compensating for damages, the defendant shall be ordered to pay the profits received by the infringement and to take account of it and to be accountable; however, if the judge considers that the circumstances of the infringement have been If such a conviction did not give rise to such a conviction, the judge will be able to condemn the defendant in damages.
7 The holder of a plant variety right may also set the claims for damages or the deafing of profits on behalf or co-behalf of licensees or pledge holders, without prejudice to the competence of licensees and liakeepers in any of or a claim brought by the holder of the plant variety right to obtain direct compensation for the damage suffered by them or to allocate a proportionate share of the profits to be carried out by the defendant. Licensees and holders of a licence may set up a self-claim and expend it as referred to in paragraph 4 with a view to such enforcement, if they have negotiated the privileges of the holder of the breeder's right.
8 The holder of the plant variety right has the power to recover or to recover from his or her property the power to which a breach of his right is made, or materials and tools used principally in the production of those cases. (i) to advance the withdrawal of traffic, destruction or deactivation of the goods. The assessment of the claim shall be based on an assessment of the seriousness of the infringement and of the action taken and of the interests of third parties.
9 The provisions of the Law of Civil Procedure seizing and execution to issue movable property shall apply. In the case of a combination of another herd, the person who has seized the herd shall be responsible for the attachment of this article.
10 The measures referred to in the eighth paragraph shall be carried out at the costs of the defendant, unless special reasons prevent it.
11 The court may order the holder of the breeder's right to order the person who has infringed his right to order the latter's knowledge of the origin and distribution channels of the goods or services to which the infringement has been to communicate to the holder of the breeder's right and to provide all the information relating thereto. Under the same conditions, this order may be given to a third party possessing or using, on a commercial scale, infringing goods, providing services on a commercial scale used in the infringement or by any of the those third parties are designated as being involved in the manufacture, manufacture or distribution of these goods or when they provide these services. This third party may be in the supply of information which would constitute evidence of participation in a breach of a right of intellectual property by him or by the other person in question. Article 165, third paragraph, Code of Civil Procedure persons referred to.
12 The court may order the holder of the breeder's right to order that the costs of the person having infringed his right are taken in accordance with appropriate measures to the dissemination of information about the judgment.
1 The holder of a breeder's right may claim a reasonable compensation from the person who, in the period between the application of a plant variety right and the grant of the breeder's right, acts as intended Article 57 has worked with regard to the variety for which breeders ' rights have been applied for.
2 The allowance shall be payable only for acts carried out at the end of 30 days after the person concerned has been alerted to the holder of a plant variety right under this Article, if the person concerned has been expended on a door to which the person concerned has completed his/her entitlement.
3 A copy of the document certified by the Council shall be attached to the door to which the application is made or, in so far as it relates solely to the characteristics of the variety in respect of which the applicant is to be The application has been submitted and the characteristics which distinguish it from other varieties. To this end, the reproduction of the variety or genealogical components shall not be considered.
4 The first paragraph shall not apply to acts carried out by the person empowered to do so by an agreement with the person to whom he or she Article 50 or 51 the entitlement to the grant of the breeder's right.
The duration of the plant variety right shall be 25 years from the date of the day of the breeder's entitlement, with the exception of varieties of crops to be referred to by Our Minister, for which the duration of the plant variety right is 30 years.
1 The holder of the breeder's right may renounce it.
2 Distance can only be effected by means of a deed, which is entered in the register of varieties.
3 The registration shall not take place, as long as there are persons who appear to be entitled to rights of the breeder's right or licence or to have obtained licences in respect of a plant variety right pursuant to that register, and to such persons until such time as they have been granted The distance has not been authorised.
4 The breeder's right shall cease to apply from the date of registration of the act in the register of varieties.
1 A breeder's right shall expire automatically as soon as six months have elapsed since the fee, Article 6, second paragraph, part f, has become due, without payment of that payment. An endorsement of this expiry shall be recorded in the register of varieties.
2 If, within 14 days of the due date, payment is not paid, the person who is the holder of the plant variety right in accordance with the catalogue of varieties shall be reminded by the Council, by registered letter, of his obligation to pay.
3 If no payment has been paid for one month after the due date, notification shall be given to all of them in writing, in writing, to all those entitled to rights of the breeder's right or licences which appear in the register of varieties or to licences or legal claims shall have the right of plant variety rights to be established.
1 A breeder's right shall be destroyed by the court:
a. if it is found that the variety was not new at the time of grant of the plant variety right;
b. if it is found that the variety was not distinctive at the time of grant of the breeder's right as specified in Article 49, fourth paragraph ;
(c) if, in the case where the grant of the plant variety right is based essentially on information and documents supplied by the breeder, it appears that at the time of such grant the variety was not homogeneous or not stable as intended by the farmer; Article 49, fifth and sixth paragraphs ;
(d) if the breeder's right is granted to a person who is not entitled to do so by virtue of the provisions of this Act, unless the breeder's right is transferred to the person who is entitled to do so.
2 The destruction may be claimed by any person concerned and by or on behalf of Our Minister.
3 The summons shall be entered in the register of varieties at the request of the claimant.
4 Destruction of a breeder's right shall be stripped of the right of plant variety and the rights derived therefrom, all further legal effects.
1 A breeder's right may be claimed, in whole or in respect of a share thereof, to the extent that it has been granted to someone under the Articles 50 , 51 or 52 there was no or no exclusive right to that effect.
2 The summons shall be entered in the register of varieties at the request of the claimant.
3 The right to opeising shall be granted to him, who is entitled to the grant of the breeder's right under the said articles.
4 The right to opeising shall be subject to the expiry of five years following the date of the day of the breeder's right.
5 In good faith for the endorsement, for the purpose of Article 77, first paragraph Licences obtained shall remain valid in respect of the new holder of the breeder's right, which shall be entitled to the fee payable for licences.
1 The allotment or rejection of a claim for the addition or destruction of a breeder's right shall be recorded in the register of varieties.
2 The destruction and allocation of an opeising shall be returned to the day drawing of the record in the register of varieties referred to in paragraph 1.
1 The Court of The Hague shall have jurisdiction at first instance for claims for the destruction and withdrawal of the breeder's right referred to in the Articles 75 and 76 .
2 The court of the Hague and the court of supply in that court shall, at the time of their exclusion, be entitled to the following:
a. Claims as referred to in the Articles 70 and 71 ;
(b) claims brought by a holder other than the holder of a plant variety right to establish that certain transactions carried out do not conflict with a breeder's right.
3 Of the judgments and orders of the court is open to the courts of the Hague.
1 The expert members referred to in the Articles 55a, second paragraph , and 70, 2nd paragraph, of the Law on the Judiciary , are hereby appointed by Royal Decree. They shall be referred to as an alternate member of the Court of Justice, the Hague, or deputy council, as the case may be, as the case may be, in the Hague Court.
2 The members and alternates shall be appointed for five years for a period of five years, and the alternate members of the councils and the alternate councils. They shall be reappointed by the end of the year immediately. On their own request, they may be dismissed by Royal Decree.
3 The members and alternate members of the council, members and alternates, shall be dismissed by royal decree from the first day of the month following that in which they have been aged 70. was reached.
4 Art. 66, Fifth paragraph, of the Law on Judicial Organization shall apply mutatis mutandis to the members and alternate members of the Council and to the Boards of Members and the deputy councils.
In the case of members and alternates, the councils and alternates shall be the main members of the Council. Articles 46c , 46d , 46f , 46i with the exception of the first paragraph, part c , 46j , 46l, first and third members , 46m , 46o , and 46p of the Law on Civil Law of corresponding application, except that for the corresponding application of Article 46j Other 46o, second member 'functional authority' means the administration of the general president of the court of first instance.
Our Minister shall lay down rules on the granting of reimbursement of travel and subsistence expenses and further compensation to members and alternates, as well as the Boards of Boards and substitutes.
In the course of the proceedings at the hearing of the disputes referred to in Article 78 Without prejudice to the responsibility of the lawyer, the proprietor of the holder of a plant variety right may be authorised to speak.
Copies of all judicial decisions relating to breeders ' rights shall be forwarded by the Registrar free of charge to the Council within one month of free of charge.
The following shall be subject to, or pursuant to general management measures, rules relating to:
a. Applications and requests made on the basis of the Chapters 4 to 7 is to be submitted to the Council;
b. the determination of the time at which the corresponding Chapters 4 to 7 shall be deemed to have been submitted to the Council and are deemed to have received applications and applications
c. Hearing of stakeholders by the Council.
In the case of, or pursuant to a general measure of administration, rules may be laid down for the implementation of a decision of the Council of the European Union, of the European Parliament and of the Council of the European Union, or of the European Commission, on the acceptance of plant groups, which do not comply with the requirements of Article 35 the marketing of propagating material and the marketing of propagating material derived from such plant groups.
1 If, in the interests of proper implementation of the law, further arrangements are necessary in the interests of proper implementation of the law, such matters may be made by a general measure of management.
2 In the case of, or under general management, rules may be laid down for the implementation of trade directives.
3 In the case of, or under general management, rules may be laid down for the implementation of a binding agreement between the European Community and a third country or an international organisation which relates to a subject which is covered by a trade directive or regulation.
4 In the case of ministerial arrangements, rules may be laid down for the proper implementation of trade regulations.
5 By Ministerial Regulations, rules may be laid down for implementation of delegated directives and delegated acts.
6 In the case of the rules referred to in the second to fifth paragraph, the following rules may apply:
a. To be assigned tasks and to be granted powers to Our Minister, the Council or any Article 19 designated inspection body;
(b) rules laid down in a commercial regulation which are designated by officials or persons appointed by our Minister or by our Minister, by the Council or by the Council, Article 19 be able to apply the designated inspection body by taking decisions.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister and the persons designated by the decision of Our Minister, employed by a person responsible for the application of the law Article 19 designated inspection body.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
If, in any civil or criminal proceedings, the decision is dependent on the determination of a group of plants, the Council shall be heard in this regard. The Council's opinion contains the grounds on which it rests.
2 The Council shall deal with matters referred to in paragraph 1 above and above all other matters.
Our Minister is empowered to impose a charge under administrative constraints in order to enforce the obligations imposed by or under this law.
1 The varieties registered at the time of entry into force of this Law shall be rearranged by the Council in accordance with the rules of application of this Law in accordance with Article 25 set rules.
2 The Council shall arrange for the registration in the register of varieties of varieties which, on the day preceding the date referred to in paragraph 1, Article 82 of the Seeds and Planning Act were allowed.
3 The Council shall ensure a record in the register of varieties of varieties of agricultural plant species, on the basis of which forestry crops are subject to a record on the day preceding the date referred to in the first paragraph, Article 73 in connection with the Articles 79 and No. 83, First Member, of the Seeds and Planning Act Catalogue of varieties of agricultural plant species, subspecies on the basis of Article 73 in connection with Article 79 of the Seeds and Planning Act established catalogue of varieties of forest crops.
4 The applications and applications pending before the Council at the time of the entry into force of this Act shall be pending before the Council in the State in which they are, as of that date, pending before the Council in which they are to be Applications, which relate to a variety as referred to in Article 2 (2), Article 18, first paragraph, part b, and second paragraph, of the Seeds and Planning Act , are considered as an application for the admission of a variety according to Chapter 5 of this law.
5 Requests pending at the time of entry into force of this Act to designate groups of plants as referred to in Article 3 (2) Article 82 of the Seeds and Planning Act , as from that date, shall be seised to the Council and shall, from that date, be considered as an application for the acceptance of a variety in accordance with Chapter 5 of this law.
6 Cases pending at the time of entry into force of this Act to the Section of Appeal of the Council of Ministers for the Law of the Law of the European Union Article 5, first paragraph, part d, of the Seeds and Planning Act They shall be brought before the Council as from that date and shall be treated as a statement of objection from that date onwards.
7 Cases pending at the time of entry into force of this Act to the Board of Appeal, the Commission van Beroep relating to inspections, of an inspection body as referred to in Article 4 (2) of the EEC Treaty. Article 88 (2), point (e), (g) and (g) of the Seeds and Planning Act , shall be brought from the law from that time to the relevant one, in accordance with Article 19 of this law, assessment body and shall be treated as a notice of objection from that time onwards.
8 The requests for annulment pending before the Council at the time of entry into force of this Act to the Council for the destruction and opeising of the breeder's right referred to in the Articles 54 and 55 of the Seeds and Planning Act , shall be dealt with and decided in accordance with the provisions of the Seeds and Planning Act.
9 At the time of the entry into force of this Law by Article 25, second paragraph , 60 and 69 of the Seed and Planning Act Proceedings before the Court of Justice of the Court of Justice or the High Court are dealt with and shall be decided in accordance with the provisions of the Seeds and Plantation Law .
The Seeds and Plantation Law shall be withdrawn.
1 This law is cited as: Seed and plant law, stating the year of the Official Gazette in which it is to be placed.
2 This Law shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 19 February 2005
Beatrix
The Minister of Agriculture, Nature and Food Quality,
C. P. Veerman
Published on the seventh of April 2005The Minister of Justice,
J. P. H. Donner
