JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

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The existence of a system for the protection of the right of breeders of plant varieties has a positive impact on the national economy in general and on the agricultural sector in particular, which is concrete in the stimulus of the The Commission has been in the process of increasing the number of private resources allocated to this activity, which will make it easier for farmers to access new technologies, improve farm productivity and, in the end, bring about an increase in the number of farmers. the competitiveness of our products and the income of farmers.

Until now, the system of protection of breeders was included in the International Convention for the Protection of Plant Variety of 2 December 1961, approved by the International Union for The Protection of Vegetable Varieties (UPOV), signed and ratified by the Kingdom of Spain, and in Law 12/1975, of March 12, of protection of plant varieties inspired to a great extent in that.

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The reasons for the approval of a new national legal framework for the protection of breeders are two fundamental reasons:

First, it is necessary to adapt national legislation to a changing international legal framework. On the one hand, the UPOV International Convention has been revised on several occasions; the reforms introduced by the Conventions of 10 November 1972 and 23 October 1978 were incorporated into national law, without However, the Convention of 19 March 1991 introduced new developments which need to be included in national legislation.

On the other hand, the European Union has provided its own protection system by means of Council Regulation (EC) 2100/94 of 27 July on the Community protection of plant variety rights.

However, Article 3 of this Regulation (EC) recognises the right of the Member States of the European Union to "grant national ownership rights to plant varieties", although it expressly prohibits double taxation. ownership of rights, national and Community. The Spanish State opts for the establishment of a system of own protection, although harmonised with Community legislation; in this respect, it must be taken into account that Community law refers to national legislation as a whole which may be raised on the grounds of legal proceedings for infringements of that right.

Secondly, the recent advances in biotechnology and genetic engineering, which have accelerated the process of obtaining varieties and the experience gained over the last twenty years, make it necessary and, by It is, of course, appropriate to amend existing legislation to bring it in line with all the industrialised countries not only in the European Union but in other continents.

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This Law has as fundamental objectives, apart from the adaptation to international regulations, to strengthen the protection of the breeders and to improve the functioning of the public administration in the exercise of the functions related to the subject matter governed by this Law.

The strengthening of the rights of the breeders will be achieved through a more precise and technically perfect regulation of the powers conferred upon them by the title of the plant variety, as well as the extension of the duration of the protection for all plant species, which will encourage research in this field. In particular, the main innovations of this Law are the following:

First, it defines more precisely the powers of the breeders regarding the exploitation of their protected varieties, clearly determining the actions of third parties related to their variety that require their authorization and strengthening actions to pursue those who dispense with it.

Secondly, it clearly defines the so-called "farmer's exception", which refers to those cases where farmers will be able to use the plant material produced on their own farms for use in the without the need for approval of the breeder of the variety used or to make an economic contribution to it.

In addition to the farmer's exception, some exceptions to the right of the breeder that were previously under-defined are clarified. The most important is perhaps the possible use of the protected varieties as material for the creation of new varieties, thus avoiding any kind of limitation to the research in this field. The concept of essentially derived variety certainly plays an important role in terms of the delimitation of the rights of the breeders and will resolve situations which in the past had problems of attribution of ownership of the varieties.

In the third place, the duration of protection for all plant species is increased, which is a further stimulus for research in obtaining new varieties and an alignment with the rules in other areas. countries for such periods.

In the fourth place, we introduce into our legislation the possibility of being able to market in Spain plant varieties before applying for protection, a circumstance that allows the breeders to know on the one hand, the practical results and the productive value of this variety before undertaking expenditure which, in the case of varieties of mediocre results, would not be compensated, and on the other hand, the farmers ' response to the supply of new products varieties before undergoing the protection system.

The improvement of the functioning of the bodies involved in the exercise of these functions is to achieve by describing with greater simplicity and precision its functions and the procedures to be subjected to its action. In general, the Law improves the functioning of the collegiate bodies involved, giving them a much more technical, legal and scientific content than they had up to now with a high representative participation rate of agents. economic.

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From another point of view, this law allows for greater international collaboration, not only with other European Union Member States, but with third countries, by making the systems of establishing cooperation more flexible. this field.

Furthermore, it should be noted that this Law is used to incorporate into national law Article 12 of Directive 98 /44/EC of the European Parliament and of the Council on the legal protection of inventions biotechnological, as regards the granting of compulsory licenses for dependency.

Finally, in the case of varieties containing or consisting of genetically modified organisms, Law 15/1994 of 3 June 1994 laying down the legal regime for the contained use shall apply. voluntary release and placing on the market of modified organisms in order to prevent risks to human health and the environment as regards the performance of the technical examination.

This Law is dictated by Article 149.1.9.a of the Constitution, which reserves the State exclusive competence in matters of legislation on intellectual and industrial property and Article 149.1.1.a which reserves the State the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties.

PRELIMINARY TITLE

General provisions

Article 1. Object of the Law.

1. The purpose of this Law is to establish the legal regime for the protection of plant variety rights.

2. For the recognition and protection of the breeder's right of a new plant variety, a plant variety right shall be granted.

Article 2. Variety definition.

1. It is understood by variety, for the purposes of this Law: a set of plants of a single botanical taxon of the lower known range than, irrespective of whether or not it responds fully to the conditions for the granting of a breeder's right, can:

a) To be defined by the expression of the characters resulting from a certain genotype or a certain combination of genotypes.

b) To be distinguished from any other set of plants by the expression of one of those characters at least, and c) To be considered as a unit, given its ability to spread without alteration.

2. For the purposes of this Law, whole plants or parts of plants are defined as a set of plants, provided that these parts can generate whole plants.

Article 3. Definition of the breeder.

1. The person who has created or discovered and developed a variety, or his or her successors in title, is understood as a breeder for the purposes of this Law.

2. The right of breeder shall mean the set of rights conferred on the holder by the title of plant variety, in accordance with the provisions of this Law.

Article 4. Scope of application.

This Law shall apply to all genera and plant species, including hybrids of genera or species.

TITLE I

Material law

CHAPTER I

Plant variety requirements

Article 5. Conditions of the variety.

1. The plant variety right shall be granted where the variety is:

1) New.

2) Distinct.

3) Homogeneous, and

4) Stable.

2. The granting of a plant variety right may not be subject to any additional conditions or conditions of the above mentioned, subject to the variety being designated by a name in accordance with Articles 47, 48 and 49. the breeder has completed the formalities provided for by this Law and supplementary provisions and has paid the fees due.

Article 6. New.

1. The variety shall be considered new if, at the date of submission of the application for the plant variety right, the propagating material or vegetative propagation material or a harvest product of the variety has not been sold or delivered to third parties by the breeder or with his consent to the holding of the variety or, having been, the following deadlines have not elapsed:

a) One year, if the sale or delivery was made in Spain.

b) Four years, if the sale or delivery was made outside Spain and its object was not trees or vines.

c) Six years, if the sale or delivery was made outside Spain and its object was trees or vines.

2. The condition of novelty for a sale or delivery to third parties shall not be deemed to be lost in the following cases:

a) If it is a consequence of an abuse committed to the detriment of the breeder.

b) If it is a result of the transfer of the rights to the variety.

(c) If, through a third person and on behalf of the breeder, reproduction material or multiplication of the variety has occurred, as long as such material becomes under the control of the breeder.

d) If it has been used by a third person to carry out field or laboratory tests or even small-scale transformation tests to make assessments about it.

3. The condition of novelty shall not be lost for the sole fact of registration in an Official Register of Varieties admitted for marketing or in compliance with other legal obligations related to biosecurity.

4. Where the production of a variety requires the repeated use of another or other different varieties, the sale or delivery to third parties of propagating or propagating material or of the product of the harvest of the first variety mentioned, conditions laid down in paragraph 1, determine the loss of the novelty condition of the variety or varieties employed in that production.

Article 7. Distinction.

1. A variety shall be considered distinct if it is possible to differentiate it clearly by the expression of the characteristics resulting from a particular genotype or a combination of genotypes, from any other variety whose existence, on the date of submission of the application, be known.

2. In particular, a variety shall be deemed to be known to be known, from the date on which an application has been submitted in any country:

(a) Good for the granting of a breeder's right, provided that it leads to the achievement of the protection requested.

b) Well of registration of the variety in an official register, provided it is finally registered.

3. The visibility of the existence of another variety may also be given away from the exploitation of the variety already in progress, the presence of the variety in a reference collection or any other means of testing.

Article 8. Homogeneity.

The variety shall be considered homogeneous if it is sufficiently uniform in its specific characters, subject to the foreseeable variation in view of the particularities of its sexued reproduction or its multiplication. vegetative.

Article 9. Stability.

The variety shall be considered to be stable if its specific characters remain unchanged after repeated reproductions or multiplications or, in the case of a particular cycle of reproductions or multiplications, at the end of the each cycle.

CHAPTER II

Requester requirements

Article 10. Applicant for the right.

1. It may apply for a plant variety right for a variety, the breeder of the variety, as defined in Article 3 (1). In the case of the cause of the breeder, he shall duly certify that condition.

2. Unless proof to the contrary, the applicant shall be considered to be the holder of the right to obtain it.

3. In the event that several persons have created or discovered and jointly developed a variety, the right to obtain the plant variety right shall be common to all of them.

4. The right to obtain the right to obtain the right to obtain the right to obtain it shall correspond to the breeder and any other person in the event that the breeder and the other person have agreed to share that right.

5. Where the breeder is an employee or a public employee, the breeder's right shall be governed by the rules applicable to the relationship of services in question and, failing that, the regulation of the services concerned shall be applied in a manner which work inventions, contained in Title IV of Law 11/1986, of 20 March, of Patents.

Article 11. Nationality of the applicant.

You may apply for the plant variety titles covered by this Law, the following persons, natural or legal:

(a) Those who hold Spanish nationality, or who have their registered office or registered office in Spain.

(b) nationals of a Member State of the European Union or of the International Union for the Protection of Plants (UPOV) or of a Member State which is a member of an intergovernmental organisation which is a member of the Union, or having its registered office or registered office in one of those States.

(c) Foreigners not included in the preceding paragraphs, provided that in the State of which they are nationals, natural or legal persons of Spanish nationality are permitted to obtain equivalent titles.

CHAPTER III

Breeder rights

Article 12. Scope of the breeder's right.

1. The protection of the variety has the effect of conferring on the beneficiary or beneficiaries of the plant variety right the exclusive right to carry out the various actions listed in the following paragraph.

2. Without prejudice to Articles 14 and 15, the approval of the breeder shall be required for the execution of the following actions in respect of propagating or propagating material of the protected variety:

a) Production or playback (multiplication).

b) The conditioning for the purposes of reproduction or multiplication.

c) The offer for sale.

d) The sale or any other form of marketing.

e) The export.

f) The import, or g) The possession for any of the purposes mentioned in paragraphs (a) to (f).

3. The breeder may subject his authorization to conditions and limitations.

Article 13. Other cases that require the permission of the breeder.

1. Without prejudice to Articles 14 and 15, the approval of the breeder shall be required for the acts referred to in paragraph 2 of the previous Article, in respect of the product of the harvest, including whole plants and parts of plants, obtained by unauthorised use of propagating material or propagating material of the protected variety, unless the breeder has been able to exercise reasonably his right in relation to such propagating material or multiplication.

2. It may be provided that, subject to the provisions of Articles 14 and 15, the approval of the breeder shall be required for the acts referred to in paragraphs (a) to (g) of paragraph 2 of the previous Article, in respect of products manufactured directly from a crop product of the protected variety covered by the provisions of paragraph 1 of this Article, by unauthorised use of that crop product, unless the breeder has could reasonably exercise their right in relation to that harvest product.

3. The provisions of paragraphs 1 and 2 of Articles 12 and 13 shall also apply to:

(a) The varieties derived essentially from the protected variety, when this is not in turn an essentially derived variety.

(b) Varieties which are not clearly distinguished from the protected variety in accordance with the provisions of Article 7.

c) Varieties whose production requires repeated use of the protected variety.

4. For the purposes of paragraph 3 (a), a variety shall be deemed to be essentially derived from another variety, called the last initial variety, if:

a) It is derived mainly from the initial variety, or from a variety which in turn derives mainly from the initial variety, while preserving the expressions of the essential characters resulting from the genotype or the combination of genotypes of the initial variety.

(b) It is clearly distinguished from the initial variety, and (c) Except as regards the differences resulting from the derivation, it is in accordance with the initial variety in the expression of the essential characters resulting from the genotype or the combination of genotypes of the initial variety.

Article 14. Exception for the benefit of the farmer.

1. Farmers are authorised to use for the purposes of propagation on their own holdings the product of the harvest obtained from sowing in them of propagating material of a protected variety which has been lawfully acquired and not is hybrid or synthetic.

(a) For the purposes of this Law, it is understood as "own exploitation", any exploitation or part of it that the farmer actually explodes by growing vegetables, whether or not he manages it under his or her responsibility and on its own account, in particular in the case of leases.

(b) In addition, "farmer" means any natural or legal person, cooperatives, agricultural processing companies, commercial companies or any other admitted in law which is listed as the holder of the holding, to administer it under its responsibility and on its own account.

2. The derogation referred to in this Article shall apply only to the plant species listed in Annex 1.

3. The exercise of the exception will be subject to the following rules:

(a) There shall be no quantitative restrictions on the holding of the farmer where the needs of the holding so require.

(b) The product of the harvest may be subjected to treatment for sowing by the farmer himself or by means of services to which he/she has recourse, at any time ensuring the identity of the product to be submitted treatment and product resulting from processing.

c) Small farmers shall not be obliged to pay remuneration to the holder of the procurement. Small farmers, for the purposes of this Law, shall be considered to be those which are regulated by the characteristics of the species that they produce.

(d) Other farmers are obliged to pay the holder a remuneration, which will be appreciably lower than the amount charged for the production, under licence, of propagating material of the same variety in the same variety. zone.

e) The control of compliance with the provisions of this article or those adopted pursuant to it shall be the sole responsibility of the holder of the plant variety right.

(f) Farmers and those providing conditioning services shall provide the holder of the plant variety right at the request of the plant with the information deemed necessary.

4. The official bodies involved in the control may provide relevant information, if they have been obtained in the ordinary course of their duties, without any new charges or costs. This provision is without prejudice to national or Community provisions on the protection of personal data.

Article 15. Limitations to the right of the breeder.

The breeder right will not extend to:

a) Acts performed in a private framework for non-commercial purposes.

b) Acts performed on an experimental basis.

(c) Acts for the purpose of the creation of new varieties, as well as the acts referred to in Article 12 (2) and Article 13 (1) and (2) carried out with such varieties, unless the new varieties are: varieties essentially derived from the protected variety, or which are not clearly distinguished from the protected variety, or which are varieties whose production requires repeated use of the protected variety.

Article 16. Material of a variety.

1. The right of breeder shall not extend to acts relating to the material of his variety or a variety provided for in Article 13 (3) which has been sold or marketed in Spain by the breeder or with his consent, or to the material derived from such material, unless these acts:

a) Implement a new reproduction or multiplication of the variety in question.

(b) Implant an export of material of the variety, which allows it to be reproduced, to a country which does not protect the varieties of the genus of the plant species to which the variety belongs, except where the exported material is intended for consumption.

2. For the purposes of the preceding paragraph, 'material' shall mean, in relation to a variety,

a) The material of reproduction or vegetative propagation, in any form.

b) The product of the harvest, including whole plants and plant parts.

c) Any product manufactured directly from the product of the harvest.

Article 17. Limitations in the public interest.

1. The exercise of the right of breeder may be limited only for reasons of public interest, which must be agreed by Royal Decree agreed by the Council of Ministers on the proposal of the Minister of Agriculture, Fisheries and Food.

2. Grounds of public interest shall be deemed to exist:

(a) When the initiation, the increase to the generalization of the exploitation of the protected variety, or the improvement of the conditions in which such exploitation takes place, are of paramount importance for the public health or for the national defence or for the environment.

(b) Where the lack of exploitation or the insufficiency in quality or quantity of the exploitation carried out implies serious damage to the economic or technological development of the country.

c) When the national supply needs so require.

3. Where the limitations referred to in the preceding paragraphs have the effect of allowing a third party to carry out any of the acts for which the approval of the breeder is required, the Government shall take the necessary measures to ensure that the breeders receive equitable economic compensation.

4. The exercise of the right of the breeder may also be limited where the varieties which are the subject of the right contain genetically modified organisms, without having to go to the arrangements provided for in Article 1 of this Article, provided for in Law 15/1994 of 3 June establishing the legal system for the contained use, voluntary release and placing on the market of genetically modified organisms, in order to prevent risks to human health or animal and for the environment.

Article 18. Duration of protection.

1. The duration of the breeder's right shall extend until the end of the twenty-fifth calendar year or, in the case of varieties of vine and tree species, until the end of the thirtieth calendar year from the year of the granting of the rights of bretter.

2. During the period between the submission of the application and the granting of the breeder's right, the applicant for a plant variety right shall be entitled to receive an economic compensation from whom, during the said period, has carried out acts which, following the granting of the right, require the approval of the breeder, in accordance with the provisions of Articles 12 and 13.

3. In order to receive the financial compensation provided for in the preceding paragraph, the applicant shall inform the third party of the existence of the application.

4. In the event that the plant variety right was not granted, the applicant who would have received the economic compensation referred to in this Article shall reimburse them in the legal interest, except for the express agreement between the parts.

CHAPTER IV

The right of the breeder as a property right

Article 19. Independence of the breeder's right.

The validity of the breeder's right shall not depend on restrictions or limitations on the production, control and marketing of the material of the varieties or on the import and export of that material.

Article 20. Transmission of the right.

1. The rights deriving from a duly filed application and the right of the breeder are transmitted by any of the means admitted to the law, without prejudice to the limitations set forth in the Law.

2. Acts for which the rights deriving from a duly filed application or the right of breeder are transmitted or modified shall not affect the rights acquired by third parties prior to the date of such acts.

3. All acts referred to in the preceding paragraphs shall be in writing to be valid.

Article 21. Violation of the rights of the breeder.

The holder of a plant variety right, may exercise before the organs of the ordinary jurisdiction, the actions that correspond, whatever his class and nature, against those who injure his right and demand the measures necessary for their safeguard.

In particular the holder may require:

a) The cessation of acts that violate their right.

b) Compensation for damages suffered.

c) The collection of all plant material obtained that is held by any of those responsible and their destruction when it is indispensable.

(d) The attribution in ownership of the plant material referred to in the preceding paragraph, in which case its value shall be imputed to the compensation of damages. If the value of the above products exceeds the compensation granted, the rightholder must compensate the party for the excess.

e) Advertising of the sentence on behalf of the convicted party.

f) The adoption of the necessary measures to prevent the violation of their rights from continuing.

Article 22. Damages for damages.

1. They shall be obliged to respond for damages caused by those who infringe the rights of breeder by:

(a) Carry out any of the operations referred to in Article 12 (2) of this Law without the proper authorization of the holder of the plant variety.

b) Use, to the extent of creating risk of confusion, an identical or similar designation to a protected variety, if that designation applies to another variety of the same species or species botanically close.

c) Ignore the use of the denomination for a given protected variety or change the name.

2. All those who infringe the rights of the breeder, in any other way than those referred to in paragraph 1, shall be obliged to indemnify the damages only where in their performance they have mediated it or negligence, the existence of dolo shall be presumed from the moment the offender has been warned by the holder of the plant variety right and required to cease the infringement of the breeder's right.

3. Compensation for damages in favour of the holder of the plant variety right shall include not only the value of the loss he has suffered and the loss he has made, but also the damage caused by the loss of prestige of the variety object of the plant variety right caused by the infringer by improper use. The compensation shall in no case be less than the benefit obtained by the person who committed the offence.

CHAPTER V

Exploitation licenses

Article 23. Contractual licenses.

1. The holder of a plant variety right may grant licences for the variety which he or she is subject to, provided that the conditions laid down by that holder are satisfied and that the matter is regulated in this Law and its supplementary provisions.

2. Licenses may be unique or non-exclusive.

3. The license agreements shall be made in writing and shall not have any effect against third parties until they are duly registered in the book registration.

Article 24. Mandatory licenses.

1. The Council of Ministers, by Royal Decree, acting on a proposal from the Minister for Agriculture, Fisheries and Food, may grant compulsory exploitation licences for varieties subject to a plant variety right if it is deemed necessary for to safeguard the public interest, in the terms defined in Article 17 (2).

2. Only mandatory leave will be granted if the following requirements are met:

(a) that the person applying for it is in a particularly technical-economic condition to exploit the right of breeder in a competent and professional manner.

(b) That the holder of the breeder's right has refused to grant a licence to the applicant, or that he is not willing to grant it on reasonable terms.

(c) That more than three years have elapsed between the date of the grant of the breeder's right and the date of application for the grant of the compulsory license.

d) That the person applying for the compulsory license has paid the fees provided for the grant of the license.

3. The compulsory licence confers on the holder the right not exclusive right to carry out all or part of the acts covered by Articles 12 and 13.

Article 25. Mandatory licenses per dependency.

1. Where a breeder is unable to obtain or exploit a plant variety right without infringing an earlier patent, he may apply for a compulsory non-exclusive licence of the invention protected by the patent, in so far as such licence is necessary for the exploitation of the plant variety to be protected, by payment of appropriate economic compensation to the patent holder. This economic compensation shall be determined by the assessment of the factors relevant to these effects and, in particular, the economic importance of the invention.

When such a licence is granted, the patent holder shall be entitled to a reciprocal licence, on reasonable terms, to use the variety subject to the plant variety right.

2. Where the holder of a patent for a biotechnological invention cannot exploit it without infringing an earlier right of production, he may apply for a non-exclusive compulsory licence of the plant variety protected by that right of obtaining, by payment of an appropriate financial compensation to the holder of the right of plant variety right. This economic compensation shall be determined by the assessment of the factors relevant to these effects and, in particular, the economic importance of the plant variety.

When such a license is granted, the holder of the right of plant variety shall be entitled to a reciprocal licence, on reasonable terms, to use the protected invention.

3. Applicants for the licences referred to in the preceding paragraphs shall demonstrate:

(a) That they have been directed in vain to the holder of the patent or the right to obtain a plant for obtaining a contractual license, and (b) that the variety or invention constitutes a significant technical advance of considerable economic importance in relation to the invention claimed in the patent or with the protected plant variety.

4. The processing and resolution of applications for compulsory licenses for reliance on the non-exclusive use of a patented invention shall be made in accordance with the provisions of Chapter III of Title IX of Law 11/1986 of 20 March 2001. Patents, and in their complementary regulations.

5. The processing and resolution of applications for compulsory licenses for reliance on the non-exclusive use of a breeder's right shall be governed by the provisions of this Law.

Article 26. Mandatory licensing conditions.

Corresponds to the Council of Ministers:

(a) Set the equitable remuneration that the beneficiary of a compulsory licence must pay to the holder of the breeder's right, taking into account, among other criteria, that of the economic importance of the variety.

(b) Require the holder of the breeder's right, where appropriate, to make available to the beneficiary of the compulsory licence the quantity of propagating or propagating material necessary for the reasonable use of such material. license, against payment of adequate remuneration.

(c) To fix the period of duration of the compulsory licence, which may not exceed four years and which may be extended, if appropriate, if the conditions required for the grant of the said licence are to be continued license.

d) Withdraw the compulsory license if the beneficiary infringes any of the conditions imposed when it was granted to him.

CHAPTER VI

Nullity and extinction of the breeder's right

Article 27. Nullity of the right.

The granting of the plant variety right shall be void in the cases provided for in Article 62.1 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and, in particular, in the following assumptions:

(a) Where it is found that, at the time of the concession, the protected variety did not fulfil any of the conditions laid down in Articles 6 and 7, and yes, the granting of the right was established in the information and documents provided by the applicant, the protected variety did not meet any of the conditions set out in Articles 8 and 9.

(b) Where the plant variety right is granted to a person who was not entitled to it, unless the person has been transferred to the person to whom the right corresponds.

Article 28. Extinction of the right.

1. The breeder's right is extinguished by the following causes:

a) Due to the expiration of the period for which it was granted.

b) By resignation of the holder.

(c) For overcome causes causing loss of the essential properties of the plant variety obtained in Articles 8 and 9.

(d) For non-compliance with the obligations listed in paragraph 2, upon request for compliance by the Administration.

2. The holder of the plant variety shall comply with the following obligations within the time limits and in the manner in which they are regulated:

(a) Submit to the competent authority the data, documents and material necessary to verify the maintenance of the essential requirements of the protected variety.

(b) Abonar the amount due for the maintenance fees referred to in Article 56.

c) Propose an appropriate denomination for the protected variety in case of cancellation of the initially allocated.

3. The termination of the right shall result in the cancellation of the registration of the plant variety right in the Official Register of Protected Varieties.

TITLE II

Violations and penalties

Article 29. Administrative violations.

1. Administrative violations are classified as minor, severe and very serious.

2. They will be very serious infringements:

(a) The transfer of plant material protected by a plant variety right which does not correspond to the characteristics listed in its official description.

(b) Non-compliance with the conditions included in the operating licence of a protected variety affecting the intrinsic qualities of the material or the circumstances which led to the award of the obtaining title plant.

c) The contribution of false data that may be relevant to obtaining rights under this Law.

3. Serious violations:

a) The concealment or attempt to conceal information relevant to obtaining rights under this Law.

b) The actions aimed at making it more difficult to control the activities regulated in this Law and the observance of the rules that for its development and oversight are established in it.

c) The refusal or resistance to supply data or to provide the information required by the competent body or its agents in order to comply with the functions of information, processing, inspection and execution of the data. matters referred to in this Law.

(d) The concealment of information by authorised entities for the preparation of seed grain, in relation to the provisions of Article 14.

(e) Failure to comply with the obligation to use the name assigned to the variety referred to in Article 49 (3).

4. Minor infringements of the actions referred to in paragraphs 2 and 3 of this Article shall be the case where it is not a matter of simple negligence.

Article 30. Penalties.

1. Infringements rated as very serious shall be punishable by fines of between 700,001 and 1,500,000 pesetas.

2. Serious violations will be sanctioned with fines ranging from 300,001 to 700,000 pesetas.

3. Minor offences will be sanctioned with fines ranging from 100,000 to 300,000 pesetas.

4. In addition to the fines referred to in this Article, the confiscation of plant material shall be ordered in the cases referred to in Article 29 (2) (a) and (b).

Article 31. The amount of penalties.

The determination of the amount of the fines will be made in each case to the existence of intentionality or reiteration, to the nature of the damages caused and to the recidivism in the commission of infractions.

TITLE III

Organization

Article 32. Competent body.

Corresponds to the Ministry of Agriculture, Fisheries and Food, directly or through a public body attached to it, the processing and resolution of the procedures for the granting of the certificates of plant variety and the exercise of sanctioning powers. It will also be responsible for the relations in this area, through the appropriate channel, with other States and international organizations.

Article 33. Official Register Of Protected Varieties.

1. An Official Register of Protected Plant Varieties, managed by the Ministry of Agriculture, Fisheries and Food, shall be established, in which applications for protection shall be entered, the decisions to grant the plant variety right and operating licences, as well as any other relevant circumstances to be determined by regulation.

2. The Official Register shall be organised in books, in accordance with the provisions of the Rules of Procedure.

Article 34. Plant Variety Protection Commission.

1. The Commission for the Protection of Vegetable Varieties, attached to the Ministry of Agriculture, Fisheries and Food, is hereby established. The following functions are attributed:

(a) Propose to the Minister of Agriculture, Fisheries and Food the resolution of the procedures for granting the "Plant Obtaining Titles".

(b) Propose to the Minister of Agriculture, Fisheries and Food the ex officio review of the null acts or the declaration of lesivity of the nullable acts related to the protection of plant varieties.

c) Propose to the Minister of Agriculture, Fisheries and Food, the elevation to the Council of Ministers of the projects of Royal Decrees to grant compulsory licenses, as provided for in Article 25.

(d) Propose to the competent body the adoption of measures and the elaboration of rules regarding the protection of the right of breeder.

e) Inform matters related to the right of breeder to be submitted to you.

(f) Any other jurisdiction that is legally or regulated to be entrusted to you.

2. The Commission shall be composed of experts of recognized prestige in the fields of botany, genetics, seed production and nursery plants and jurists specializing in the protection of the breeder's right. The Commission shall not be representative of the various sectors concerned.

3. The nature, membership, composition and functioning of the Commission shall be determined in accordance with the rules.

TITLE IV

Procedure

CHAPTER I

Request

Article 35. Request.

1. Any person concerned with the award of the plant variety right for a variety shall submit a request to the Ministry of Agriculture, Fisheries and Food which shall include at least the following: specifications:

(a) The name and address of the applicant and, where applicable, his representative.

b) Name, last name and address of the breeder, in case of not matching the applicant.

c) Gender and species to which the variety belongs.

(d) Denomination proposed for the variety or, where applicable, a provisional designation.

e) Nationality of the applicant and, where applicable, the breeder.

f) Technical description of the variety as well as the procedure according to which the variety has been obtained or discovered and developed and its genealogy.

g) The filing date previously made in another country, the name under which the variety has been registered or, failing that, the provisional designation and the country in which the breeder's right was requested, all this in the event that the right of priority of an earlier application is claimed.

h) The proof of having been satisfied with the corresponding fees.

2. The detailed form and content of the application form, as well as the documents to be accompanied, shall be specified in a regulation.

3. Applications for the grant of a plant variety right may be submitted in any of the offices and registers referred to in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the General Administration and of the Common Administrative Procedure.

Article 36. Precedence of a request.

The precedence of a request will be determined by the date of receipt of the request. In the case of applications with the same date, the precedence shall be determined in accordance with the order in which they were received, if it is possible to establish it. If this is not possible, there will be no precedence between the requests.

Article 37. Advertisement of the applications.

1. The Ministry of Agriculture, Fisheries and Food shall periodically publish an official bulletin of protected varieties, of a purely informative nature.

2. Data to be determined on a regulated basis and, in any case, the following information shall be published in the protected variety newsletter:

(a) The applications for the breeder's right presented and the withdrawals.

(b) Applications for the designation of varieties for which protection is sought, the list of approved names, as well as changes of name.

c) The granted plant variety titles and the rejected requests.

Article 38. Right of priority.

1. The applicant for a "Plant Obtaining Title" may benefit from the priority of a request for protection of the same variety which he has previously submitted in:

a) Any Member State of the European Union.

(b) The Community Plant Variety Office of the European Union.

(c) Any Member State of the UPOV or an intergovernmental organisation that is a member of the UPOV.

(d) Any State which, without belonging to the UPOV, recognises applications submitted in Spain as a right of priority with equivalent effects.

2. Recognition of the priority of an application shall be requested within 12 months from the date of filing of the application and shall be duly accredited. In the case of a number of previous applications submitted in accordance with paragraph 1, the priority shall be for the older application.

3. The priority of an earlier application shall be deemed to be the date of submission of the application for the grant of the plant variety right, for the purposes of Articles 6 and 7, the date of submission of the application.

4. The Ministry of Agriculture, Fisheries and Food shall require the applicant to claim the priority, to provide a copy of the documents constituting the first application, certified by the authority to which it has been submitted, as any other evidence that the variety subject to the two applications is the same. The applicant shall enjoy a minimum period of three months from the date of claim of the priority for this purpose.

5. The breeder shall have a period of two years from the expiry of the time limit for the request for the priority, or since the first application has been rejected or withdrawn to provide the Ministry of Agriculture, Fisheries and Food, any information, document or material required for the conduct of the examination referred to in Article 40.

6. The facts which take place within the time limit set out in paragraph 2, such as the submission of another application, or the publication or use of the variety subject to the first application, shall not constitute grounds for rejection of the subsequent application. These facts will also not be able to create rights for third parties.

CHAPTER II

Processing the request

Article 39. Examination of the application.

1. The Ministry of Agriculture, Fisheries and Food shall verify that the application submitted complies with the requirements and in particular that:

a) It has been submitted in accordance with the provisions of Article 10.

(b) meets the conditions set out in Article 35 (1).

(c) The documents which are regulated in accordance with the provisions of Article 35 (1) shall be accompanied.

d) complies with the provisions of Article 38, in the event that priority is claimed from a previous application.

e) The justification for having satisfied the corresponding fees for the processing of Article 53 is presented.

2. The Ministry of Agriculture, Fisheries and Food shall examine the documentation attached to the application to check whether the variety is eligible for the breeder's right.

3. If, as a result of these checks, a deficiency is assessed, the applicant shall be required to provide, within a period of ten days, the absence or accompanying of the documents required for each case, by warning that he or she is not shall have the right of withdrawal of its request, on the basis of a decision given to that effect by the competent body.

Article 40. Technical examination.

1. Once the tests referred to in the previous Article have been carried out with a positive result, the variety shall be subject to a technical examination whose purpose shall be:

a) Check that the variety belongs to the botanical taxon described.

b) Determine that it is distinct, homogeneous and stable in accordance with the provisions of Articles 7, 8 and 9 respectively.

c) Set an official description of the variety.

2. The Ministry of Agriculture, Fisheries and Food shall establish, for each species or group of species, the precise rules for the technical examination of which at least they shall be detailed:

(a) The plant material that the breeder must deliver in order to make the relevant observations.

b) The characteristics in terms of the quality of the material.

c) The dates and places where the same should be deposited.

(d) The duration of the examinations which, at least, will be two years or campaigns, unless special circumstances advise otherwise as well as other details about the performance of the examinations.

3. The technical examination shall be carried out under the responsibility of the Ministry of Agriculture, Fisheries and Food, which may be carried out directly or by agreement with the Autonomous Communities or other Spanish or foreign institutions which develop similar tasks.

4. In cases where it is determined, the results of the technical examinations carried out in another country with which Spain maintains agreements on the protection of breeder rights may be used, provided that it is technically possible with the due guarantees.

5. In cases where the technical examination involves difficulties, the Ministry of Agriculture, Fisheries and Food may agree to take into account the results of the cultivation tests or other tests already carried out by the Ministry of Agriculture, bretter.

6. In the case of a variety containing, or constituting a genetically modified organism, the provisions laid down in the specific legislation concerning the contained use shall apply.

voluntary and marketing of genetically modified organisms, in order to prevent risks to human health and the environment.

Article 41. Oppositions to the grant of the plant variety right.

1. Any person may object to the granting of a plant variety right by submitting a letter to the Ministry of Agriculture, Fisheries and Food.

2. Only oppositions based on one of the following reasons may be considered:

(a) Failure to comply with the conditions set out in Articles 6 to 11 of this Law. However, the opposition will not be able to base itself on questions of ownership and dominance, which must be raised before the ordinary courts.

b) The violation of the rules on varietal denominations that are established in this Law or in its implementing regulations.

3. Those who express their opposition shall be considered to be interested in the effects of the provisions of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 42. Processing of the opposition.

1. The oppositions shall be communicated to the applicant, who shall have three months to make representations about them and specify whether he intends to maintain his or her application, amend or withdraw it.

The applicant's response shall be communicated to the opposition, which shall have a period of one month to make representations about it and to ratify or withdraw its opposition.

2. The oppositions presented shall be examined and resolved separately and independently of the procedure for granting the plant variety right.

3. The Ministry of Agriculture, Fisheries and Food, in order to resolve the objections submitted, may require persons who have expressed opposition to the provision of additional information and documentation, as well as to the plant material. necessary to proceed with your technical examination.

Article 43. Access to the information.

1. Those interested in a procedure shall have access to the documents which constitute the file being processed, including the results of the technical examination and the description of the variety, ensuring, in any case, the secrecy of the procurement plant.

2. In order to ensure the secrecy of the plant variety, they shall only have access to the files contained in the Official Register of Protected Plant Varieties, persons who invoke a legitimate interest on those files, to consult the documents relating to the application, and the decision to grant a plant variety right, as well as to visit the tests for the technical examination of the variety, and the tests for their maintenance.

3. In the case of varieties in which, for the production of material, repeated use of the material of others is required, the applicant for the corresponding plant variety right may, when submitting the application, request that the documents and the tests relating to these, be kept with the secret due. In such cases, that part of the information or tests shall not be consulted or visited, respectively.

4. The Ministry of Agriculture, Fisheries and Food shall be required to keep the documentation contained in the dossiers for five years from the extinction of the plant variety right or the withdrawal or refusal of the protection request.

CHAPTER III

Procedure resolution

Article 44. Resolution.

1. The Minister for Agriculture, Fisheries and Food, on a proposal from the Commission for the Protection of Plants, shall grant the plant variety right to an applicant when, as a result of the technical examination of the variety, the complies with the conditions laid down in Article 5 of this Law, and has complied with the other requirements laid down therein.

2. The protection granted by the plant variety right shall produce effects retroactively from the moment of the application.

3. The effectiveness of the resolution shall be delayed until the fee provided for in Article 55 is paid.

4. The award of the title of breeder on a plant variety shall be entered in the Register of Protected Plant Varieties.

Article 45. Duration of the procedure.

1. After the maximum period of time of the procedure without the Administration having expressed express resolution, the application for the plant variety right shall be deemed to be rejected.

2. The maximum period of the procedure shall be six months. The time limit shall be interrupted from the date of the communication to the person concerned provided for in Article 42 (4) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The interrupted period shall begin to count again from the date on which the person concerned is notified that the hearing procedure is open, at which time the results of the technical examination referred to in the file have been incorporated into the dossier. Article 40 of this Law and it shall have been established that the name is appropriate in accordance with the provisions of Chapter IV of this Law.

3. The duration of the technical examination referred to shall be determined, where appropriate, by species or groups of species.

Article 46. Expiration of the procedure.

1. Where the proceedings are brought to a standstill for cause attributable to the applicant, the applicant shall be warned that, after three months, its expiry shall take place.

Consumed this time without the particular required carrying out the activities necessary to resume the processing of the procedure will be declared the expiration of the procedure and the file of the performances will be ordered.

2. By way of derogation from the above paragraph, the procedure shall not be declared to be valid where the applicant duly justifies the Ministry of Agriculture, Fisheries and Food that his inactivity was the result of a fortuitous case. or from the concurrency of force majeure or other exceptional circumstances.

CHAPTER IV

Denomination of the variety

Article 47. Requirements for designations.

1. The variety shall be designated by a single denomination, which allows it to be identified without risk of confusion with another and intended to be its generic designation.

2. Without prejudice to the provisions of paragraph 3 of the following Article, no right relating to the designation registered as the name of the variety may impede the free use of the name in relation to the variety, including after the expiration of the breeder's right.

3. The name may not consist solely of figures, nor shall it mislead or give rise to confusion as to the characteristics, value or identity of the variety or the identity of the breeder.

4. Only a composition of letters and numbers shall be permitted as a denomination of a variety, where the composition is to be used exclusively for the production of propagating material of other varieties, or is an established practice for designating varieties.

5. The name must be different from any denomination designating an existing variety of the same plant species or of a neighbouring species, in any Member State of the UPOV, or member of any of the intergovernmental organisations members of the UPOV.

Article 48. Registration of the name.

1. The name of the variety shall be proposed by the applicant to the Ministry of Agriculture, Fisheries and Food.

2. It shall be recorded at the same time as the breeder's right is granted. If it is found that the name does not meet the requirements of Article 47 (3), (4) and (5), registration shall be refused and the breeder shall be required to propose another name within the time limits laid down in regulation. Rights previously acquired by third parties will not be affected.

3. If, under an earlier right, the use of the denomination of a variety is prohibited to a person who is required to use it, in accordance with Article 49 (3), the Ministry of Agriculture, Fisheries and Feeding will require the breeder to propose another denomination for the variety.

4. In particular, the applicant may not deposit as a denomination of a variety a designation that already benefits from a trademark right concerning identical or similar products, in Spain or in countries with which conventions have been established. on the protection of plant variety rights, or a name which may create confusion with such trade marks, unless it undertakes to waive the rights of trade marks from the time when the variety is the subject of the plant variety right.

5. The applicant shall submit, together with the name, a report issued by the Spanish Patent and Trademark Office on the basis of the possible identities and similar trademarks already registered or in the process of registration that have been discovered, with the expression of the products covered by them, within Class 31, according to the nomenclator established under the Nice Agreement of 15 June 1957.

The application for a report will be filed with the Spanish Patent and Trademark Office, after payment of the corresponding fee and with an indication of the reason for the report.

Article 49. Use of the denomination.

1. A variety may not be denominated in a different way from that used in the first country where it has been registered, unless by the Ministry of Agriculture, Fisheries and Food, the name is found to be inappropriate in Spain, in which case it is require the breeder to propose another name.

2. The Ministry of Agriculture, Fisheries and Food shall communicate to the relevant authorities of the other Member States of the UPOV, to those of the Member States of the intergovernmental organizations of the UPOV, and to the the competent institutions in this field, the information concerning the names of varieties, in particular the proposal, the approval, registration and cancellation of the same.

3. Who in Spain applies for the sale or marketing of propagating material or vegetative propagation of a protected variety, shall be obliged to use the name of that variety, even after the expiry of the the right of breeder relating to that variety, provided that, in accordance with Article 48 (3), no earlier rights are opposed to that use.

4. Where a variety is offered for sale or marketed, it shall be permitted to associate a trade mark, trade name or similar indication to the name of the registered variety. If such an indication is associated in this way, the name must, however, be easily recognizable.

CHAPTER V

Maintenance of the breeder right

Article 50. Maintenance of the variety.

1. The holder of the plant variety right for a variety shall be responsible for the maintenance of the plant variety or, where appropriate, its hereditary components, while protection remains in force.

2. The Ministry of Agriculture, Fisheries and Food may require the holder of a plant variety right to submit to that authority or to any other authority designated by it, within the time limits laid down by law, the information, documents or material deemed necessary for the control of the maintenance of the variety, as well as for the renewal of the official samples making up the reference collection.

Article 51. Verification of the variety.

1. The Ministry of Agriculture, Fisheries and Food or, where appropriate, the corresponding service of the Autonomous Communities, shall check whether the varieties which are the subject of the plant variety right remain unchanged, the corresponding technical checks.

2. Where there are indications that the variety is not being adequately maintained by the holder of the plant variety right, the Ministry of Agriculture, Fisheries and Food shall order a control of the maintenance of the variety by establishing the Modes

of the same by field trials or other tests in which the material supplied by the holder shall be compared to the official description or sample of the variety.

When it is removed from that control that the holder has not maintained the conditions of the variety, he shall be warned.

3. In cases where it is found that the variety is not homogeneous or stable, the Ministry of Agriculture, Fisheries and Food may decide on the termination of the right, after hearing the person concerned and, where appropriate, with a report on the services corresponding to the Autonomous Communities which carried out the relevant checks.

TITLE V

Rates

Article 52. Taxable persons.

1. Taxable persons shall be liable for the fees laid down in this Title, the applicant for the plant variety right and the persons, natural or legal persons, in whose favour the provision of the services constituting their taxable facts is carried out.

2. The fees laid down in this Title shall be governed by this Law and by the other regulatory sources which are laid down in Article 9 of Law 8/1989 of 13 April 1989 on Public Fees and Prices, in particular as regards the subject to the payment of the fees as tax liability.

Article 53. Fee for processing and resolution.

1. It is the taxable fact of this fee to deal with the administrative procedure and its decision.

2. The accrual of the fee shall be produced at the time of submission of the application for the plant variety right.

3. The amount of the fee for handling and resolving the file is 50,000 pesetas.

Article 54. Fee for carrying out the technical examination.

1. It is the taxable fact of this fee to carry out the tests, tests and any other activities included in the technical examination referred to in Article 40 of this Law.

For the purposes of this Article, species or groups of species to which the plant varieties of which the material is to be subject to technical examination are classified in the groups listed in Annex 2.

2. The accrual of the fee shall be produced at the time of delivery of the plant material subject to the technical examination to the competent authority for completion.

3. The fees for carrying out the tests which constitute the technical examination for the purpose of granting the 'plant variety right' shall be as follows:

For each exam year:

Group first: 125,000 pesetas.

Group 2: 90,000 pesetas.

Group 3: 75,000 pesetas.

Group quarter: 60,000 pesetas.

In the case of a hybrid variety, irrespective of the species, and a study of the genealogical components must be carried out, the rate rate shall be twice the rate indicated for the species concerned.

When the technical examination is carried out at the request of the Ministry of Agriculture, Fisheries and Food as agreed, in a foreign body or institution, the rate shall be the amount in pesetas of the quantity that it is necessary to satisfy as payment of the said service. Where the results of a technical examination carried out prior to the variety, by a foreign body or institution, are used, the rate shall be the amount in pesetas of the quantity to be met as payment. of the service.

Article 55. Maintenance fee.

1. The taxable fact of this fee is the carrying out of the work and periodic checks necessary to verify the maintenance of the conditions required by the variety to continue to be protected.

For the purposes of this Article, species or groups of species to which the plant varieties whose conditions are to be checked are to be classified in the groups listed in Annex 2.

2. The accrual of the fee shall be produced annually on the same day and month of notification of the decision to grant the plant variety right to the data subject.

3. The amounts of the fees for the annual maintenance of the rights of the breeder are as follows:

For the first year:

Group first: 15,000 pesetas.

Second group: 10,000 pesetas.

Group 3: 8,000 pesetas.

Group 4: 6,000 pesetas.

For the second year:

Group first: 20,000 pesetas.

Second group: 15,000 pesetas.

Group 3: 12,000 pesetas.

Group 4: 10,000 pesetas.

For the third year:

Group first: 27,000 pesetas.

Group 2: 22,000 pesetas.

Group 3: 17,000 pesetas.

Group 4: 15,000 pesetas.

For the fourth year:

Group first: 30,000 pesetas.

Second group: 26,000 pesetas.

Group 3: 20,000 pesetas.

Group 4: 15,000 pesetas.

For the fifth year and the following (until end of protection):

Group first: 36,000 pesetas.

Group 2: 30,000 pesetas.

Group 3: 25,000 pesetas.

Group 4: 20,000 pesetas.

Article 56. Fee for the provision of administrative services.

1. The taxable fact of this fee is the realisation of any of the administrative services arising from the processing of the applications listed below:

a) Claim of the right of priority.

b) Changing naming in a granted or pending title.

c) Expedition of copies, certificates, and duplicates of any document.

d) Concession of a mandatory license.

e) Enrollment of the exploitation licenses in the Register of Protected Plant Varieties, as well as the modification of the inscriptions already made.

2. The accrual of the fee shall occur at the time of submission of the corresponding applications in an administrative register.

3. The amount of the fee per request priority of an application; application for change of denomination in an already granted or pending title; issue of copies, certificates and duplicates of any document; grant of a license mandatory; registration of operating licenses and modification of the already practiced, is 5,000 pesetas.

Article 57. Management and collection.

1. The services and activities constituting the taxable event of the fees provided for in Articles 53 and 56 shall not be paid or shall be made until the payment of the amount which is payable and which must be made effective by the self-validation procedure.

2. The services and activities constituting the taxable event of the fees provided for in Articles 55 and 56, even if they have been provided, shall not be effective until payment has been made in the amount required. Regardless of the above, the amounts referred to will be payable by the award path.

3. The regular management and collection of these fees corresponds to the Ministry of Agriculture, Fisheries and Food.

Additional disposition first. Review of the amount of penalties.

The Government is empowered to amend the amount of penalties contained in this Law in accordance with variations in the consumer price index.

Additional provision second. Interpretation criteria.

This Law will be interpreted in accordance with the international treaties and conventions on the subject applicable in Spain.

Additional provision third. Limitation of the breeder's right.

The free exercise of a breeder's right may not be limited except as provided for in Article 17 (1) or under the express provision provided for in the Treaties and Conventions referred to in the foregoing provision.

Additional provision fourth. Respect for the Treaties and international agreements.

The measures taken by the State to regulate the production, control and marketing of the material of the varieties, or of the import and export of such material, should not hinder the application of the provisions of the Treaties and Conventions referred to in the third provision third.

Additional provision fifth. Community protection.

In the case of a grant of Community plant variety right on a variety which is subject to such a grant of a plant variety right, the holder of the plant shall not be entitled to invoke conferred by such a plant variety right as long as the Community plant variety right remains in force for that variety.

At the end of the term of Community protection, the holder of the plant variety right may invoke the rights deriving from it, provided that the time limits laid down in the Article have not elapsed. 18 since the granting of such a plant variety right.

During the time that the Community plant variety right is granted, the holder of the plant variety right shall be exempt from the obligation to pay the fees and annuities corresponding to the annual maintenance of the plant the rights of breeder provided for in Title V of this Law, by 70 per 100 of the amount established.

First transient disposition. Procedures initiated prior to this Law.

Applications for a plant variety right that have been filed prior to the entry into force of this Law shall be processed and resolved in accordance with the legal regulations in force at the date of filing.

Second transient disposition. Scheme applicable to securities granted prior to the Act.

1. The certificates of plant variety granted in accordance with the provisions of Law 12/1975 of 12 March on the Protection of Vegetable Varieties shall be governed by the provisions of that Law.

2. By way of derogation from the above paragraph, the following Articles of this Law shall apply:

(a) Chapter III of Title I: Article 12; Article 13 with the exception of paragraphs 2 and 3; Article 15; Article 16, and Article 17.

(b) Chapter IV of Title I, concerning the right of breeder as an object of ownership.

(c) Chapter V of Title I on operating licences.

(d) Title II on administrative offences.

(e) Chapter V of Title IV on the maintenance of the right of breeder.

Transitional provision third. Legal actions in progress.

Legal actions that have been initiated prior to the entry into force of this Law will be followed by the same procedure under which they would have been initiated.

Single repeal provision. Regulatory repeal.

1. All provisions which are contrary to this Law and, in particular, Law 12/1975 of 12 March of Protection of Vegetable Varieties are hereby repealed.

2. As long as this Law is not properly developed, the precepts of the

Decree 1674/1977 of 10 June, on the approval of the General Regulation on the Protection of Vegetable Varieties, as soon as they are not opposed to it.

Final disposition first. Amendment of Law 11/1986, of March 20, of Patents.

1. Article 5 (b), paragraph 1, Article 5 of Law 11/1986 of 20 March of Patents is amended, with the wording of the following wording:

"b) Plant varieties."

2. Article 143 (3) of Law 11/1986, of 20 March, of Patents is amended, and is worded as follows:

" 3. The invention of the invention may not be protected as utility models for process inventions and plant varieties. "

Final disposition second. Rules of application.

In the absence of a rule expressly applicable to the rights of the breeder regulated in this Law, the rules governing the legal protection of inventions shall be applied.

Final disposition third. Development of the Law.

The Government is authorized to issue any detailed rules for the application and development of this Law and to amend its annexes. Within six months of the entry into force of this Law, the Government shall adopt its Implementing Regulation.

Final disposition fourth. Entry into force.

This Law shall enter into force three months after its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 7 January 2000.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ

ANNEX 1

Plant species likely to benefit from the exception of Article 14 of the Law

(a) forage species:

Cicer arietinum L. (partim)-chickpea.

Hedysarum coronarium L.-zulla.

Lathyrus sp. -lunch.

Lupinus albus L.-white lupin.

Lupinus angustifolius L.-blue lupin.

Lupinus luteus L.-yellow lupin.

Medicago sativa L.-alfalfa.

Onobrychis sativa (L.) Lamk. -spout or pipirigallo.

Pisum sativum L. (partim)-peas.

Trifolium alexandrinum L.-Bersin/trebol of Alexandria.

Trifolium repinatum L.-Persian clover.

Trionella foenum-graecum L.-alholva.

Vicia ssp. -vetches, habis, yeros and carob.

b) Cereals:

Oats sativa-common oats.

Hordeum vulgare L.-common barley.

Oryza sativa L.-rice.

Phalaris canariensis L.-alpiste.

Secale cereale L.-rye.

X Triticosecale Wittm. -triticale.

Triticum aestivum L. emend. Fiori et Paol. -common wheat.

Triticum durum Desf. -durum wheat.

Triticum spelta L.-escana major.

c) Patatas:

Solanum tuberosum-potato.

d) Oil and oil species:

Brassica napus L. (partim)-rapeseed.

Brassica rapa L. (partim)-nabina.

Linum usitatissimum-linseed, excluding textile linen.

e) Horticultural species:

Lens culinaris L.-lentil.

Cicer arietinum L. (partim)-chickpea.

Phaseolus ssp. -beans.

Pisum sativum L. (partim)-peas.

ANNEX 2

Classification of plant species for the purpose of determining the amounts of the fees of Articles 54 and 56

Group first: cotton, strawberry, Jewish, lettuce, melon, potato, cucumber, pepper, tomato, sugar beet, and foraging and pratenses not mentioned in another group.

Group 2: garlic, artichoke, rice, oats, barley, rye, rapeseed, asparagus, sunflower, pea, beans, maize, watermelon, sorghum, wheat, triticale, vetch and species of the genus vicia not mentioned in another group.

Third group: aubergine, zucchini, cartamo, onion, clavel, orchards, leguminous human consumption not mentioned in another group, rose, soy, yeros and carrot, and other species of horticultural use not mentioned in another group.

Fourth group: vine and other species not included in the above groups.