Key Benefits:
Law of the plant foresclerright (the plant foresclerlaw). |
| Date | LAW-1993--03-12-32 |
| Ministry of | Agriculture and Food Ministry |
| Last modified | LO-2015-01-23-4 from 01.07.2015, LAW-2015 -06-19-65 from 01.10.2015 |
| Published | Avd In 1993 No. 5 |
| Istrontrecation | 15.09.1993, 12.03.1993 (SECTION 30) |
| Changing | |
| Announcement | |
| Card title | Planteforedery law-plfl. |
Card title added by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). -Jf. law 15 des 1967 No. 1 9 Section 1 (3) to (5).
The one who has foregone a plant card or as the publisher's right has been passed over to (the sortwin), may in accordance with this law after application gain energy advantage as mentioned in Section 3 (plant preedlerdish).
Planteforedleris the co-shared for plant warts belonging to the plant species or plant species that the King has stipulator that the law shall apply for.
Planteforedery can only be given to black-owned as
| a) | have residence or seat here in the realm or |
| b) | is a citizen of or has residence or seat in a state that is a member of the International Union for the protection of new plant warts. |
The king can at regulation or individual ordinance determine that herbiedleris can be co-shared in other cases than mentioned in the first period.
| 0 | Modified by law 22 des 1995 # 82 (ikr. 1 apr 1996). |
Planteforedery can only be co-shared for sort
| a) | that of course can be separated from all other kinds that were known on the application day, jf. other clause, |
| b) | which are sufficient engruous, |
| c) | which are stable in the hallmarks that allow the kind to be separated from other kinds as mentioned in the letter a, under formulation in the manner that the sortwin has indicated, and |
| d) | that has not been sold or offered for sale with the exit of the exit |
| 1) | here in the realm ahead of the application day, or |
| 2) | abroad earlier than six years ahead of application day when it comes to trees and vines and earlier than four years ahead of application day when it comes to other plants. |
A plant card is considered to be known after the first clause of the letter a if material of the type vervwise has been sold or offered for sale. The port is also considered known if it is taken into an official exit list, exists in a widely available reference collection, is carefully described in a widely available scripture or has come to the public knowledge of other ways. A kind described in an application for herbiedleror patent or whether recording in an official exit list here in the realm or in a different state is considered known from application time if the application leads to the announcement of the herbiedleror. patent or recording in the exit list.
Has the sortwin applied for the herbiedleror patent for a kind of black in one or more other states that are member of the International Union for the protection of new plant warts, and within twelve months from application for the first application seeking The herbiedleris right for the kind here in the realm, the application here in the realm of the realm shall be made in relation to the first clause of the letter a and d be deemed to be provided at the same time with the first application if the sortvictory desires it. The king determines by regulation the closer terms to invoke such priority and can at regulation determine that priority can be invoked in other cases than mentioned in the first period.
Planteforedlerright implies that other than the sortvictory cannot take advantage of the kind of ververvwise without the exit of the exit
| a) | porous plant material of the kind with aim for the material to be derived for sale to or otherwise offered for formating purposes, |
| b) | introducing plant material of the kind with aim for the material to be deployed for sale to or otherwise offered for formating purposes, or |
| c) | outlay plant material of the kind for sale for formazation purposes or otherwise offer plant material of the kind for formating purposes. |
For predplants, the addition of the plant pretrial courts that other than the sortvictory without dennes consent can take advantage of plants or pieces of plants of the kind as breeding material for ervervated production of average flowers or other material for Propripurpose.
Sortvictory consent is not necessary for the use of a protected black at the foredling of a new black and for exploitation of the new kind. Sortvictory's consent is still necessary if repeated use of the protected kind is necessary for ervervwise representation of the new kind.
Sortvictory's consent is not necessary for exploitation as mentioned in the first clause of letter b and c of plant material as of the sortwin or with dennes consent is brought in inflow within the European Economic Area.
Sikwad about the announcement of the plant foresclerdish for a black incomes in writing to the Planting Board of Plants.
The application shall contain a description of the kind with the distinctive indication of the characteristic that separates it from other kinds. The application shall contain suggestions for exit names. The Foredler's name and address shall be specified. Moreover, the applicant is one other than the foredler, the basis of the applicant's right to the kind is indicated.
In the application, it shall be disclosed about previous exploitation of the kind that after Section 2 first clause letter d may be to the hurdle for the message of herbiedleris, or it shall be disclosed that the kind has not been exploited in such a manner. Moreover, in the application, it shall be disclosed about the origin of the plant material that lies due to the kind and traditional knowledge used at the forage in accordance with law 15. December 1967 # 9 about Patents Section 8 b first to third clause. The violation of the Enlightenment by other period is punishable as far as the following of the Criminal Code Section 221, but the disclosure of law does not touch the treatment of the application or the validity of the herbiedment court.
The PlantesorBoard can impose the applicant within a determined deadline to provide the plant material and provide the information necessary for the examination of the kind after Section 9. An applicant who invoke priority after Section 2 third clause cannot be placed to do this as part of the application and cannot be placed to do so earlier than four years after the priority of the priority, unless that application for reasons the priority is declined or pulled.
The seeker shall pay an applications adsasavi determined in regulation.
In the same application, it can only be sought for protection of one kind.
| 0 | Modified by laws 19 June 2009 # 100 (ikr. 1 July 2009 ifg res. 19 June 2009 # 704), 19 June 2015 # 65 (ikr. 1 oct 2015). |
The Sortname shall be suitable to separate the kind from other kinds.
As a sortname, a term cannot be enjoyed as
| a) | only consists of numbers unless it is common practice by the naming of such a black, |
| b) | is suitable for misleading, |
| c) | contravention of law or the public order or is suitable for raising the foregon, |
| d) | can be confused with a designation that has been introduced or sought to be introduced in a register of protected sorts in a foreign state as the name of a different kind of the same or near-term species, or as already enjoyed as designation for a kind of black or formational material of a black of the same or near-standing species, |
| e) | can be confused with a trademark, name, enterprise name or other characteristic that someone other than the applicant has protection for in such a way that the term will not be able to be registered as a trademark of plant material or goods of similar kind, or |
| f) | can be confused with a trademark of plant material or goods of similar kind that the applicant has protection for. |
Has the applicant applied for protection for the kind in a foreign state that is a member of the International Union for the protection of new plant warts, it is to be used the same exit name here in the realm as in the foreign state with less of the kind of exit that is taken in the foreign state, battles the first or otherwise clause, or for any other reason is unfit as a black name here in the realm.
| 0 | Modified by law 5 sep 2003 # 91 (ikr. 1 March 2004 ifg. res. 5 sep 2003 # 1118). |
Does not fill the application and the exit name Section 4 and 5, or show the application that the settlement is something to the obstacle to accommodate it, the applicant shall be encouraged within a determined deadline to pronounce or conduct correction.
Conceived the applicant within the deadline to comment or conduct a pointed out of a pointed out, the application shall be addressed. The treatment of the application resumes if the applicant within four months after the expiration of the deadline speaks or conducting a resumption fee stipulating in regulation.
The probak also after the applicant has stated or made correction, an obstacle to the application of which the applicant has had the opportunity to comment on, should the application be denied with the smaller PlantesorBoard finds that the applicant should be given new solicitation.
Enfills the application and exit name Section 4 and 5 and the application does not show that the otherwise is something to hinder it, the PlantesorBoard shall announce a message of the application.
Allowance someone is facing the PlantesortBoard that it is the person and not the applicant who has the right to the kind, shall neyda after motion transfer the application to the person. The person is supposed to pay new applications adsavantoxin.
Until a motion for transfer is finally settled, both the applicant and the person who has desired transmission will be granted admission to the actions necessary to prevent the application from being dismissed or declined. In announcements in the case, it shall be disclosed that transmission is desired.
The PlantesorBoard shall provide a survey of the kind with aim to clarify whether it meets the terms of Section 2 first clause a to c. Nemnda may decide that the kind should not be examined or should only be examined in part if previously examined in connection with the application of plant resettlement rights in overseas or otherwise.
The seeker shall pay for the examination by rules given in regulation.
When the examination of the kind has ended, the application is taken up to still treatment. Section 6 applies to the equivalent. The Planting Board can impose the applicant to enlighten whether the kind has been protected or sought protected in other states and in the event of providing information on everything that the person's state plant pretrial authority has said the applicant on the assessment of the application.
The plant prescleris directly conveyed to the plant's way into the Plantestort registry. The co-sharing announcement is made with enlightenment that objections to the announcement can be placed within a set deadline.
Added or rejection an application after it has been announced after Section 7, this announcement shall be made when the decision has become final. The same applies to whether an application is withdrawn after it is announced.
It is placed in the written opposite of the Plantation Board of the settlement of the plant foresclerment within the deadline determined by Section 10 other clauses, the application taken up to renewed treatment for the decision of the insigence. Section 6 applies to the equivalent. It is announced and captured in the PlantesortsRegistry that the application has been taken up to renewed treatment. The outcome is announced and recorded when it has become final.
Does the PlantesortBoard's final decision on the application of the applicant, the applicant can complaint the decision of the Board of the ColaenBoard for Industrial Rights (KlaenBoard). The application will be the application room after renewed treatment, the one that has raised inaction, complaint the decision of the KlamenBoard. The Planting Board's decision by a motion for the transfer of an application can also be incurred to the Board of the KlaenBoard. The complaint must be given to the PlantesortBoard within two months from the day announcement of the decision was submitted. The teammate must pay a clagecharge stipulator in regulation.
Decline the KlaenBoard an application for complaint, the applicant may bring the blow-up for the courts within two months from the announcement of the strike was sent on the person. Search targets are directed against the state by the Board of the KolaenBoard.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
A plant forlends can be maintained until the exit of the twenty-end calendar year after that year when the plant pretrial court was said. For trees and vines, the plant's court can be maintained in twenty-five years.
For the preservation of the plant pretrial court for the calendar years after that year when it was resettled, a millennification must be paid in regulation.
The annual fee is due to payment on the first reality day of the calendar year it applies. The annual report cannot be paid earlier than 1. July of the preceding year. Anniversary of the first calendar year after the year when the plant pretrial court was announced, due to the earliest two months after message of the announcement was passed the exit of the exit.
Against the payment of an additional fee determined in regulation, year fees can be paid up until six months after decay.
The king can at regulation give rules about the State of the State or exemption for the year-on-day marriage.
Provides the sortwin of the PlantesortBoard of the Planting Board of the Plant of the Plant Court, shall neda declare the court for the op-ed.
If a motion for transfer of the application is not final settled, there are raised lawsuits about the transfer of the plant forecasting court, the plant pretrial court is panned or it has been taken to the plant forecasting court, the plant's court could not be declared for intercepted before the question of transfer is finally settled or the pandemic has fallen away.
| 0 | Modified by law 23 jan 2015 # 4 (ikr. 1 July 2015 ifg. res. 12 May 2015 # 494). |
The fee is not annual fee in accordance with Section 13 and 14, the plant foredoor court from and with the entrance of the calendar year it has not been paid fees for.
Part Article SECTION 17. Uvalidity or transfer after lawsuitsA plant presclerdish that has been arranged in violation of Section 1 or Section 2 first clause letter a or d, shall after lawsuits feel invalid by verdict.
Search targets that a plant forerage is invalid because it is said to one other than the one that is entitled to the kind, can only be raised by the one claiming to be justified. The court can instead of knowing the plant pretrial court invalid after the claim transfer the plant's pretrial court to the person.
The Planting Board shall hit the ordinance of the termination of a plant foresclerright if
| a) | The sortwin is no longer able to supply the PlantesorBoard of the formation material of the kind with the properties it at the message of the plant prepretrial court was indicated to have, or |
| b) | The sortvictory not within a determined deadline provides the formating material or the documents or information that the PlantesorBoard needs for the aftercontrol of the kind. |
Section 6 and 12 apply accordingly.
When a plant publisher is finally intercepted or known invalid after Section 15 to 18, the PlantesorBoard shall announce it and anmark it in the PlantesortsRegistry. Corresponding apply to the transfer of a plant foresclerdish.
The one that ervervated outbid for sale or otherwise offers the breeding material of a protected black, shall be beta-made with the registered exit name. The registered exit name should also be used after the protection is heard.
A sortname registered for a black shall not be used as the designation for another kind of the same or close species or for formational material of such a kind. The same applies to the designations that can be confused with the registered exit name.
Is a black-name registered in violation of Section 5 and the error still has been revealed, the PlantesorBoard shall be after suggestions from the sortwin announce and capture a new exit name. The same applies to whether an exit name no longer meets Section 5 other clause letter b and c.
The plant's Board of Plants can determine that a registered exit name that no longer uses should be deleted from the Plantesortregister if the herbiid court has upheard and the sortwin desires it or that's due to it.
The person who has done intervens in someone else's right after this law, or co-worked until it, can at the verdict of the act to repeat the act. The person who has made essential preparation measures, with aim to carry out an action that will constitute intervention, or otherwise has been performing so that there is very much reason to fear that the person will do any intervention, can by judgment foreys to conduct the action.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
The person who commits intervenprocedures in a plant preedler is punishable by fines or imprisonment until one year.
If there has been particularly display of circumstances, the penalty is fines or prison until three years. By the assessment of whether particularly display circumstances are present, it shall particularly be placed emphasis on the damage that has been inflicted on the rights holder, herding damage to the rights of rights, the gain that the aggressor has achieved, and the scope of the procedure by the way.
The one that overcomes the rules of the Applicability of the Section 20, is punishable by fines.
By the violation of this determination, address can be neglected unless public consideration dictates, jf. The penalty process law Section 62 a.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 19 June 2015 # 65 (ikr. 1 oct 2015). |
For intentional or negligent interventions in a herbiedlerdish, the attacker shall pay to the rights holder :
| a) | Equivalent to a reasonable license fee for the exploitation, as well as damages for damage as a result of the procedure that would not have occurred at licensing, |
| b) | damages for damage as a result of the procedure, or |
| c) | -Equivalent to the gain gained by the procedure of the procedure. |
Vederlag and damages are determined after that of the base teams in the letter a to c that are favourable for the rights holder.
Is it acted intentional or aggravated negligent should the attacker, if the rights holder demands it, instead of settlement and compensation determined after the first clause, pay off-paying equivalent to the double of a reasonable license fee for the exploitation.
The first and second clause is applicable to the equivalent of complicity.
For interventions that have occurred in good faith, the assailant to the extent that it does not appear as unreasonable, paying the equivalent of a reasonable license fee for the exploitation or to the winning achievement achieved by the procedure.
The one that intentional or negligent is overstepping the rules of the exit of the Section 20, duties to replace the loss violation has metering.
The responsibility of the first to third and fifth clause can be levees after law 13. June 1969 No. 1 26 about damage substitution Section 5-2.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
In order to prevent intervening, the court can in the extent that there is reasonable, give the injunction of preventive measures for plant material that constitutes intervening and for materials and aids that are mainly used, or intentional used, to porous such plant material. Such cuts can among other things go out on that plant material and materials and aids should :
| a) | recalled from the trade, |
| b) | definitely removed from the trade, |
| c) | destroyed, or |
| d) | issued to the rights holder. |
The decision of whether measures shall be placed and the choice between possible measures should be taken out from a relationship-signing assessment. It should be taken into account for the purposes of the branch's seriousness, the effects of the measures and third-party interests.
The first clause applies to the equivalent in cases as mentioned in Section 21 a second period.
The roof of the paragrafen here shall not be conditioned by the rights holder to the rights of the added corrects against, and does not affect the rights of the rights of the rights of the rights of settlement or damages after Section 23. The roof is to be carried out for the plaintiffs bill if not honest reasons speak against it.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
Instead of determining measures after Section 21 a and 24, the court can reach full-straight reasons is, give permission for the exploitation of a plant card in the herbiedery court's validity time or part of this against reasonable resettlement to the rights holder and on appropriate conditions for the otherwise. Such permission can only be given to the person who has acted in the tactics of good faith.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
In judgment in case of intervention, the court can decide that information about the verdict should be conveyed in appropriate manner for the intervention of the intervention. This applies to the equivalent of the involvement of intervening and in cases as mentioned in Section 21 a second period.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
In the extent an application leads to the announcement of herbiedlerery, Section 21 a, Section 23 first to third and fifth joints, Section 24, 24 a and 24 b also for the period of time from the application were announced after Section 7 to the plant's front-door court was said.
The statute of limitations for claims after this paractment does not begin to run until the herbiedlerdish court is said.
| 0 | Modified by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
The Plantation Board's Assembly, seat and access to delegating the ruling Authority of the King. Specifically, the provisions of the application of plant foresclerly, about the treatment of them, about the process of public for the documents in the individual case and whether to obtain their case taken during treatment at the over-course of the deadlines of the deadlines.
The plant card registry is taken by the PlantesortBoard. The registry is public. Any one can require confirmed transcripts. Whether the charges in the registry and whether the effect of the charges apply to patent law Section 44 and 44 a corresponding. Closer to rules about the registry, herunder about the claims of the register of the registry and the treatment of them, and whether fees for transcripts and charges are provided in regulation determined by the King. The gas agencies for transcripts and copies should be determined so that the intersearching revenue will not be greater than the actual cost of the information, with the addition of a reasonable profit.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936), 23 jan 2015 # 4 (ikr. 1 July 2015 ifg. res. 12 May 2015 # 494), see its VII. |
Meddelements from the Plantesorda or the KlamenBoard of an applicant, sortwin or ensiger are always counted as they have been sent to the address that the person has been given to the PlantesorBoard or the Klaennennda. The address is introduced in the plant card registration. For applicants and exit owners who have the deputy, the announcements mentioned in the first period can be submitted to the deputy.
If the registered address turns out to be incorrect, the acquisition is recorded or a summary in Norwegian lighting magazine with enlightenment that the document can be flock with the Plantesorda or the KlamenBoard.
Can the discourse or other process uell announcement not happen at the registered address or with the deputy of the deputy, applies to other clauses accordingly to the court. The document is considered in such a fall as recited or to the four weeks following the publication of Norwegian lighting magazine.
If an applicant or exit victory otherwise has designated an deputy to represent himself in relation to the application or plant pretrial court, the deputy's name and address shall be introduced in the plant orthosregistration. The same is true if an insiger has designated an deputy to represent himself in relation to the introduction.
| 0 | Modified by laws 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
Conceived the sorwin to ensure that formalation material of the protected kind is being offered for sale, or otherwise offered, on reasonable terms and in the scope necessary for consideration of the national food supply or other important public interests, can the person who want to take advantage of the kind of lawsuits get the compulsion to it unless there is a reasonable reason for the exception of the avoidance.
A patent holder that can't take advantage of the invention without violating an older plant preedleris, can against appropriate resettlement to take advantage of the protected plan gate. Complaintient's co-shared only if the patent holder makes the invention constitute an important technical progress of significantly significant economic significance in relation to the plant gate.
If a sortwin has been forced to take advantage of a patented invention after patent law Section 46 a first clause, the patent holder has claimed the compulsion to take advantage of the protected plant port on reasonable terms.
The Patent Act Section 49 to 50 a applies to the equivalent of the compulsive license after the paragrafen here. The court or the Competitive Board may impose the sortvictory to extradite the necessary formazation material of the kind to the obsessive-compulsive shaver.
| 0 | Modified by law 19 des 2003 # 127 (ikr. 1 Feb 2004 ifg. res. 23 jan 2004 # 155). |
For the Oslo courthouse, filed lawsuits on the court of a plant card as it is applied for the plant forecasting rights for, lawsuits for the transfer of a plant forecasting court, civil lawsuits on intervening rights and lawsuits as mentioned in Section 12 other clause, Section 17, Section 18 other clause jf. Section 12 other joints and Section 28.
The Oslo courthouse is verneying for applicants and the holder of plant predation dishes if they do not have residence or seat here in the realm.
The Patent Act Section 64 to 66 applies accordingly.
| 0 | Modified by laws 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
Parliament's consent in that Norway is joining the International Convention for the Protection of New Plan Warts adopted 2. December 1961 and changed 10. November 1972 and 23. October 1978.
The law takes effect from the time the King determines. 1 Section 30 first joints still take effect immediately.
From the time the law takes effect, the following changes are made in other laws :---
| 1 | From 15 sep 1993 ifg. res. 14 May 1993 # 345. |
