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Law 12/1975 Of March 12, Of Protection Of The New Varieties.

Original Language Title: Ley 12/1975, de 12 de marzo, de Protección de las Obtenciones Vegetales.

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TEXT

The great and recent progress in the field of plant selection is leading to the creation in all countries of a high number of varieties, with which it is a question of solving problems of quality of the agricultural product derived, increased unit yields of the crop, resistance to enemies and diseases, ease of mechanization, harmony and beauty of shapes and colors, all of which have a great importance of economic order.

The creators of these new varieties have to make expensive investments in order to carry out their research, through which to obtain some positive result, among the many attempts that they have due to undertake to achieve the intended purpose. All this has created the need to protect such efforts by legal and legal means, since in most cases the new varieties can be reproduced by third parties, preserving the characteristics that the creator of the same and Apart from the will of the latter.

The current legislation, reflected in the Industrial Property Statute and provisions that develop it, is certainly a protection, but with very specific problems in its application to the field of the plants, because the great plasticity of the living being and its complex genetic structure make it difficult to identify in a rigorous way the object of protection. It is therefore necessary to lay down rules for defining, by means of morphological, physiological, cytological, chemical or even economic characteristics, the novelty of a plant variety, the basis for which the protection is based. set.

This need for protection is stated by Law eleven/thousand nine hundred and seventy-one, from Semillas and Plants of Vivero, in which it is determined that the Ministry of Agriculture must establish the rules for the proper protection of the rights of breeder of new varieties, rules to be necessarily established by law, since, on the other hand, it involves the creation of rights similar to those established in the Decree-Law of Industrial Property, and on the other hand, achieves alignment with major international regulations on the subject.

The consequence of the existence of a protection of the rights of the breeder has to assume a positive impact on the economy of the country, both for meaning a stimulus to the efforts of the Spanish breeders, that they assure the production of new varieties capable of solving specific problems of our agriculture and of others, such as being able to use in Spain foreign varieties that are beneficial and give to their breeders the same guarantees that the Spanish, or those that have in other countries with which Spain is related by its trade of Seed and nursery plants.

By virtue, and in accordance with the Law approved by the Spanish Courts, I come to sanction:

I. Purpose and scope of the Law

Article first.

The purpose of this Law is to recognize and protect the right of the breeder of a new plant variety, covered by a "Plant Obtention Title", and its successors in title, in the terms in which such a right is defines in the following items.

Its application extends to all genres and botanical species.

II. Definition of the varieties to be protected and the figure of the breeder

Article 2.

It is understood by plant variety, for the purposes of this Law, any commercial variety (internationally "cultivar"), clone, line, strain or hybrid that meets the conditions laid down in this Law.

Third item.

Obtentor is any person, natural or legal, that accredits the performance of an improvement, selection or discovery work, under which a new plant variety has been obtained, within the terms that it establishes this Act.

III. Conditions for a variety to be protected

Article 4.

One. In order for a variety to be subject to the protection laid down in this Law, it is necessary to:

a) Be differentiated from already existing varieties by one or more important morphological or physiological characters, which are not fluctuating and are likely to be accurately described and recognized.

b) Be homogeneous in the set of your characters according to your reproduction or multiplication system.

c) Remain stable in its essential characters, that is, that it is maintained according to the definition given by the breeder at the end of each multiplication cycle.

Two. The verification that the variety meets the above conditions is the so-called "prior examination", which will be regulated.

Three. It shall not be considered as new, for the purposes of this Law, that variety which at the time of application of the "Title of Plant Obtention" has previously been marketed or offered for sale in Spain, with the approval of the breeder or his (a) in any foreign country, or in advance of four years, or has been the subject of sufficient publicity to enable it to be exploited.

Likewise, it will also not be considered new, if it is described in a "Plant Obtaining Title" application, in an unpublished title or in an application filed abroad, and that it benefits from the priority provided for in Article 10 (3) of this Law.

It shall in no case constitute grounds for the annulment of the novelty of the fact that it has been entered in an Official Register as such.

Four. For the purposes of this Law, it is not considered marketing:

(a) Presentation in competitions, collections or exhibitions, provided that no commercial operations are carried out on them.

b) Experimental scale production and distribution.

IV. Rights of the breeder

Article 5.

One. All obtaining a new plant variety can be the subject of a "Plant Obtention Title", which, prior to its registration in the Register of Protected Varieties of the National Institute of Seed and Plant of Vivero, confers on its holder the right exclusive to produce, to introduce into the territorial scope of application of this Law, to sell or offer for sale or to exploit, by any permissible means in law, elements of reproduction, sexual or vegetative multiplication. The right of the breeder shall be extended to the plants or parts thereof which are normally marketed for purposes other than multiplication, in particular as regards the commercial production of ornamental plants or cut flowers, provided that such plants or parts are used as propagating material. The rights of the breeder shall not be construed as being in breach of the farmer's use in his own holding of seeds or other plant material for that purpose.

Two. The approval of the breeder or his successors in use is not necessary to use the new variety, as an initial source of variation, in obtaining other varieties, as well as for the marketing of these varieties.

Three. The authorisation is necessary when the repelled or systematic use of plants or parts thereof, of the primitive variety, is necessary for the production, commercial of plants or propagating material of the new variety.

Article 6.

One. The granting and enjoyment of the "Plant Obtaining Title" of a new variety may not be subject to conditions other than those listed in Articles 4, 10 and 11 of this Law, provided that the administrative formalities are complied with. provided for in the same and in its accompanying provisions.

Two. The granting of a "Plant Obtaining Title" shall be granted without prejudice to the third party and with the limitations laid down in the Law. Their failure to comply shall determine the nullity of the title to be issued, in accordance with the provisions of Article 11 of this Law and, where applicable, the cancellation of their registration in the Register of Protected Varieties of the National Institute of Seeds and Plants of Vivero.

Three. The holder of a "Plant Obtaining Title", after communication to the Register of Protected Varieties, may grant licences for the exploitation of the variety subject to the title to any person who so requests, provided that the conditions are met. by that holder, they shall be established and the provisions of this Law and their supplementary provisions shall be laid down in this Law. To this end, they will take account of these contracts at the National Institute of Seeds and Plants of Vivero.

Four. Where the holder of a "Plant Obtaining Title" is an official body established in Spain, he shall be obliged to grant licences for the exploitation of the variety subject to the title to any person who so requests and who provides legal guarantees, techniques and professionals. This licence shall in no case be of an exclusive nature. Where the applicant for the licence is a foreigner, the principle of reciprocity shall be governed by the principle of reciprocity.

Item seventh.

One. Matters relating to the title of a plant variety shall be subject to the jurisdiction of the Courts of Justice.

Two. The holder of a "Plant Obtention Title" may pursue civil and criminal proceedings before the Courts of Justice, who are injured by the rights recognized in this Law.

Three. Actions in respect of the rights of breeders of plant varieties which fall within the jurisdiction of the Courts of Justice may not be initiated more than at the request of a party.

Four. The rights of breeder are transferable by any of the means admitted in law, without prejudice to the limitations established in the Law, which will not take effect with respect to third parties as long as they are not registered in the Register of Protected Varieties.

Five. Unless otherwise stated, the licensee of a licence may exercise the shares recognised to the holder of the "Plant Obtaining Title" without further requirement than to notify the holder of the exercise of the action, in case of it is appropriate to be part of the procedure.

Article 8.

One. The "Title of Plant Obtention" will be granted by the Order of the Ministry of Agriculture, on a proposal from the Central Board of the National Institute of Seeds and Plants of Vivero, in accordance with article sixteen of this Law.

Two. The granting of the "Plant Obtaining Title" will give rise to the immediate registration in the Register of Protected Varieties of the National Institute of Seed and Plant of Vivero, which is quoted in Law eleven/thousand nine hundred and seventy-one, and its inclusion in the List of Protected Varieties, which shall be published periodically by the Institute in the "Bulletin" referred to in Article 17 of this Law.

Three. The 'Plant Obtaining Title' shall be provisional for a period of two years, after which it shall automatically become final if no complaint is lodged against the act of granting that title in the course of that period. Where the latter has been made final, either in the course of the period or in the resolution of the complaint referred to above, in accordance with Article 100 (1) of the Law on Administrative Procedure, the resources that come from. The provisionality note of the "Plant Obtaining Title", while the latter, must be stated in any documentation, packaging or propaganda relating to the product covered by the title.

Four. During the period of provisionality of the title the breeder shall enjoy all the rights recognized in this Law. That period shall be computed, where appropriate, for the duration of the protection period.

Article ninth.

One. The period of validity of the protection of the rights of the breeder shall be limited and at least 15 years for herbaceous plants and eighteen years for woody plants, counted from the date of issue of the "Plant Obtention Title" corresponding.

Two. For each species or group of species, the maximum duration of the protection shall be established, which shall not exceed 20 years.

Article ten.

One. Any foreign breeder shall enjoy the same rights as the national breeders, provided that the law of his country applies the principle of reciprocity, or that other international conventions signed by Spain so establish.

Two. In the relations of these breeders with the Spanish Public Administration and with the particular multipliers or growers will be necessary the intervention of representatives with legal domicile in Spain and sufficient powers to guarantee to third parties to the commitments which the breeder or his successors may make. The title and rights derived therefrom shall be affected, in any event, to the fulfilment of the obligations of the holder.

Three. When applying for a "Plant Obtaining Title", the priority benefit may be claimed, relating to any application previously submitted, in respect of the same variety, in a State with which Spain has established a in respect of the condition that the application made in Spain is not later than 12 months after the date of the first application.

Item eleven.

One. The "Plant Get Title" will be null:

(a) When the holder has no right to obtain it in accordance with the provisions of the third paragraph of this Law.

b) When the variety subject to the title does not meet the novelty condition set out in the fourth article of this Law.

Two. The action of nullity may be exercised by any person concerned for the duration of the protection provided by the "Plant Obtaining Title".

Three. The right of breeder or his successors in title shall be extinguished in the following cases:

a) At the request of the owner himself.

(b) Where the conditions of homogeneity and stability laid down in the fourth article are no longer maintained.

(c) Where neither the holder nor his dealers possess the propagating or propagating material which permits the production of the variety as defined at the time when the "Plant Obtaining Title" was granted.

(d) Where neither the holder nor his dealers present within the time limits specified in the reproduction or multiplication material, or the data and documents deemed necessary for the control of the variety, or where it does not permit the inspection of the conservation work of that variety, under the conditions to be determined.

(e) Where, within the time limits, the legally established fees are not paid or the requirements to be formulated are met.

(f) Where the holder does not agree to grant operating license in accordance with the provisions of Article 12 (1) of this Law.

g) By estimation of the complaint or the administrative appeal brought, where appropriate, in accordance with the provisions of Article 8 (3) of this Law, by final and final decision.

h) By the expiration of the deadline set pursuant to Article 8 of this Law.

Four. The extinction of the right of the breeder or his/her successors for any cause will result in the entry into the public domain of the variety covered by it.

Article twelve.

One. The Ministry of Agriculture may order that a variety to which a 'Plant Obtaining Title' has been granted is subject to the operating licence scheme under the conditions which are to be determined, for lack of exploitation or where the national interest so advises.

Two. For the purposes of the foregoing paragraph, any person who provides legal, technical and professional guarantees may apply to the Ministry of Agriculture for the granting of an operating licence, which may in no case be of a nature of exclusivity.

Three. If the operating licence referred to in the above paragraphs is granted, the rights of the breeder shall always be guaranteed.

V. Name of the varieties

Article thirteen.

One. A new variety must be designated by a single denomination to enable it to be identified. This name shall be considered the generic designation of the variety.

Two. The names of the varieties may not consist solely of figures, nor shall they be misleading or confused as to their characteristics, their value or the identity of the breeder. It must be different from any denomination designating other existing varieties of the same botanical species or from neighbouring species and must be adapted to the rules of nomenclature which are regulated as well as to the Conventions. international on this matter in which Spain is a party.

Three. The same variety may not be referred to as a different variety than that used in the first country in which it has been registered, except in cases where it is provided for, in which a translation of the name may be used, after approval. initial or different.

Article fourteen.

One. The name of a new variety is recorded at the time of the extension of the corresponding "Plant Obtaining Title".

Two. The breeder or his successors in title may not deposit as a denomination of a variety a designation which already benefits from a trade mark right or trade mark relating to identical or similar products in Spain or in countries with which it is have established conventions 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 ' Title of Obtaining " of the new variety, if, however, the foregoing, the breeder or his successors in title make the deposit of the name, from the moment it is registered it cannot assert its rights to the trademark or trade mark for the products mentioned, unless there are international conventions against it.

Three. If the name deposited by the breeder or his successors does not meet the requirements laid down in this Law, the Ministry of Agriculture shall require a new name.

Four. Before a "Plant Obtention Title" is issued by the Register of Protected Varieties of the National Institute of Seed and Plant of Vivero, the name proposed for the plant variety will be communicated to the Registry of Industrial Property new, in order to report on it.

Five. The name given to a protected variety shall not be the subject of a trademark or trade mark.

Six. The provisions of the preceding paragraph do not prevent the denomination of a variety from being added for the purposes of marketing a trade mark, if they were of its own, or authorized for that purpose, in any form, the bretter.

VI. Body responsible for the protection of plant variety rights

Article fifteen.

The functions entrusted to the Ministry of Agriculture by this Law will be developed by the National Institute of Seeds and Plants of Vivero, structured by Law eleven/thousand nine hundred and seventy-one, thirty of March.

Article sixteen.

On the Central Board of the Institute is created the Commission for the Protection of Vegetable Varieties, whose composition will be as follows:

President: The President of the Central Board of the National Seed and Plant Institute of Vivero.

Vice President: The Director of the National Seed and Plant Institute of Vivero.

Legal Adviser: The Head of Legal Counsel at the Ministry of Agriculture.

Technical Advisors: Personalities who are experts in botany, seed production and nursery plants and in legal problems related to the protection of plant varieties, designated by the President.

Vocals: The members of the Central Board that the President will have, including a representative of the National Institute of Agricultural Research and two agricultural representatives of the Trade Union Organization.

Secretary: The Technical Assistant Director of Commercial and Protected Varieties of Laboratories and Records.

It will be for purposes:

(a) Propose to the Minister of Agriculture, through the Central Board of the Institute, the granting, extinction, declaration of revocation and, where appropriate, the nullity of the "Title of Obtention" of a plant variety.

b) Propose to the Minister of Agriculture, through the Central Board of the Institute, the measures and rules aimed at protecting the rights of the breeder.

c) Propose the standards of application of the rights of breeder for different genera or species.

(d) Inform matters related to the protection of plant variety rights that are submitted to him by the President for his study.

e) Other than legal or regulatory matters are entrusted to you.

Article seventeen.

One. The National Institute of Seed and Plant of Vivero shall periodically publish a "Register of Protected Varieties" in which it takes into account the applications for registration, proposed denominations and approved denominations, as well as The "Plant Obtention Titles" awarded and the information not reserved, for better knowledge of the sector.

Two. It shall also issue the reports requested by the Courts of Justice concerning the rights of the breeder.

VII. Infringements and penalties

Article eighteen.

One. For the purposes of the provisions of Article 7, they shall incur liability in civil liability, being obliged in any case to respond to the damages caused, who infringe the rights of the breeder in any of the following ways:

(a) Those who produce for commercial purposes or trade in propagating material of the protected variety, in contravention of the provisions of Article 5 (1).

(b) Those who trade with plants or parts thereof which are normally marketed for purposes other than multiplication if they are used as propagating material, in contravention of the provisions of paragraph 1 of this Article. Article 5.

c) Those who repeatedly employ reproductive material of a protected variety to produce propagating material of a new variety.

(d) Those who engage in the transport of propagating material of a protected variety to a territory outside the scope of this Law, without special authorisation from the holder of the right.

Two. All those who perform any other act of exploitation of the protected variety or in any other way infringe the rights that the breeder confers this Law shall be obliged to indemnify the damages only when in his action has been mediated by fault or negligence. The existence of guilt shall be presumed from the moment when the person responsible for the aforementioned acts has been warned by the holder of the "Title of Plant Obtention" concerning the existence of this and required to cease the violation of the same.

Three. The compensation for damages in favour of the holder of the "Title of Plant Obtention" shall include not only the value of the loss he has suffered and the value of the profit which he has ceased to obtain, but also the damage caused by the loss of prestige. of the variety caused by the infringer by improper use.

Four. The civil action for damages shall be prescribed in accordance with the provisions of the relevant general legislation.

Five. In addition to damages, the injured owner shall be entitled to:

a) To cease the disruptive acts of their right.

(b) To be collected all the plant material obtained by means of illicit acts that are held by any of the responsible persons and to their destruction when this is indispensable.

(c) A that the plant material referred to in the preceding paragraph is attributed to it in property, 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 injured holder shall compensate the offender for the excess.

d) To the publication of the judgment at the expense of those convicted in the "Bulletin" referred to in Article seventeen of this Law.

Article nineteen.

One. Any intentional violation of the exclusive right that the "Plant Obtaining Title" grants to its holder shall be punishable in accordance with the provisions of Article five hundred and thirty-four of the Criminal Code in force.

Two. Criminal proceedings may be exercised only by the injured holder or concessionaire or his successors in title.

Three. The criminal action and civil born of the offence shall be prescribed in accordance with the provisions of the relevant general legislation.

Article twenty.

One. Actions which are carried out without complying with the provisions of this Law and regulations which are issued shall be deemed to constitute an administrative infringement and shall be sanctioned in accordance with the following Articles, without prejudice to the jurisdiction of the Courts of Justice in order to the civil or criminal liability that they derive from them.

Two. The administrative offences shall be qualified, in accordance with the nature of the acts in which they consist, which may be fraudulent, clandestine and anti-regulatory.

Three. They will be fraudulent:

(a) Acts of disposal of plant material which, covered by the "Plant Obtaining Title", does not correspond to the characteristics of the Register of Protected Varieties.

(b) acts of non-compliance, attributable to any of the persons concerned, of the conditions included in the operating licence, a protected variety affecting the intrinsic qualities of the material and circumstances which motivated the granting of the "Plant Obtaining Title".

Four. Clandestine acts shall be construed as hiding or trying to conceal or hinder the control of the activities regulated in this Law and the observance of the rules that are established for its development and oversight.

Five. Any other infringing action shall be qualified as merely regulatory.

Item twenty-one.

The laws and complementary provisions on the repression of fraud in agricultural products or of means for agriculture will be applied as subsidiary legislation.

Article 22.

One. The offences referred to as fraudulent shall be punishable by fines of between 20 000 and 100 000 pesetas, in addition to the infringer, the payment of the costs incurred in the verification of fraud, and, where appropriate, the confiscation of the plant material determining the sanction.

Two. The offences described as concealment shall be punishable by fines of between ten thousand and fifty thousand pesetas and the confiscation of the goods.

Three. The offences described as merely regulatory will be sanctioned with fines ranging from one thousand to twenty-five thousand pesetas.

Article twenty-three.

The determination of the amount of the fines referred to in the preceding article, within the limits referred to above, shall be made in each case to the seriousness of the infringement, to the damage caused, to the degree of malice of the the offender, the conduct and background of the offender, and, in general, how many circumstances may be modified in one or the other sense.

Article 24.

One. In the event of a recidivism, the fines shall be greater than fifty per cent to those corresponding to this, in accordance with this Law.

Two. In the event that the reincident committed an illegal or fraudulent infringement, the fines may be increased to three times the amount of the corresponding and the suspension of the activity which has motivated the infringement may be ordered. time not exceeding one year.

Three. The offender shall be deemed to have been rebooked for contravening the provisions of this Law in the preceding five years.

Four. The Ministry of Agriculture may, where appropriate, agree to the publication of the penalties imposed in the "Official State Gazette" for example.

VIII. Fees

Article 25.

The rates of protection of plant varieties are created, which are subject to the legal regime established by the Laws of twenty-six December of a thousand nine hundred and fifty-eight, of Fees and Exactions Parafiscal, of twenty-eight of December of a thousand nine hundred and thirty-six. Tax General Law, and supplementary provisions thereof, and shall be governed by the provisions of these provisions and those of this Law.

Article twenty-six.

For the purposes of the rates set out in the previous article, the plant species or groups of plant species covered by this Act are divided into the following groups:

Group first: Grains, oilseeds, alfalfa, cotton, beetroot, vetch, potato, pea, beans and beans.

Second group: Fruals, rosal, clavel, and strawberry.

Third group: Lettuce, tomato, onion, melon, spout, violet clover, and white clover.

Group Fourth: Other species not included in the above groups.

Article twenty-seven.

A) These fees shall be payable for the provision of the services listed below and according to the types that are also included:

Pesetas

1.

By the Request Processing of the "Plant Get Title"

3,000

2.

By performing the tests that constitute the test previous:

For each exam year:

Group first and second

7,000

Third Group

5,000

Group fourth

4,000

3.

By granting the "Plant Get Title"

3,000

4.

For the annual maintenance of the breeder rights:

For the first year:

Group first

2,500

 

Group second

1,500

Group third and fourth

1,000

For the second year:

Group first

3,500

Group Second

2,500

Third Group

2,000

Group fourth

1,500

For the third year:

Group First

5,000

Group second

4,000

Third Group

3,000

2,500

2,500

Group first

6,000

Group Second

5,000

Third Group

4,000

Group fourth

3,000

For the fifth and next year (up to end protection):

Group first

7,000

Group second

6,000

Third Group

5,000

Group fourth

4,000

5.

By claiming the right of priority, renaming, issuing copies, certificates, and duplicates of any document, as well as registering operating licenses

1,000

6.

By title rehabilitation already cancelled

3,000

7.

By issuing copies of titles and certificates that are specified to have been denied

500

B) They shall be obliged to pay these fees for natural or legal persons who receive from the Administration or the Register of Protected Varieties the services listed in the previous paragraph, whichever is the character at their request.

C) The fees will be payable when the corresponding services are requested. Where they are provided without the need for a request, the fees shall be payable at the time of their delivery.

D) The amount of the fees collected will be entered into the Public Treasury, in the form that is regulated, for its application to the General Budget of the State.

E) The fee-managing body shall be the Ministry of Finance, which may agree that the liquidation, notification and collection of such fees shall be carried out by the Ministry of Agriculture and within the Ministry of Finance National of Seed and Plant of Vivero.

IX. Procedures and resources

Article twenty-eight.

One. The procedure to be followed in the processing of the files referred to in this Law shall be that laid down in the Law of Administrative Procedure of seventeen of July of a thousand nine hundred and fifty-eight, which shall also govern as to the resources that may be brought by those concerned against all acts and agreements that are issued.

Two. It is up to the National Institute of Seeds and Plants of Vivero to instruct and propose the resolution of the sanctioning files, which will be initiated on its own initiative or at the request of the injured or competent authorities.

Three. The resolution shall be:

(a) Where the amount of the fine is not more than twenty-five thousand pesetas, the Defense Service against Fraud and Agricultural Analysis.

(b) Where the fine is greater than twenty-five thousand pesetas, and does not exceed fifty thousand, to the competent Director-General.

(c) If the fine is greater than fifty thousand pesetas, the Minister of Agriculture.

Four. Breaches of this Act will be prescribed by the five years of your commission.

ADDITIONAL PROVISIONS

First.

Article forty-eight of the Royal Decree-Law of twenty-six of July of a thousand nine hundred twenty-nine, on the Statute of Industrial Property, is completed as follows:

" They may not be subject to patents:

................................................................................................................................................................................................................................................. .....................

7. The plant variety that benefits from the protection regime established by the Law on the Protection of Plant Varieties. "

Second.

Sanctions established in absolute amounts in pesetas may be reviewed by the Government, applying correction coefficients based on the average price of the objects or products to which they relate.

TRANSIENT PROVISIONS

First.

The breeder of a plant variety that has lost the novelty character at the time the protection is established for the corresponding species, in accordance with this Law, may request the protection of its rights in the following cases:

(a) If it has been the subject of a patent of invention in Spain, or in any country or countries with which a Convention on the protection of rights of breeder is established.

b) If it has been the subject of a "Plant Obtaining Title" in any country or countries with which Spain has established a Convention on the Protection of the Rights of Breeder.

c) If you are registered in a list of commercial varieties officially published in Spain. In this case, the application for the protection of the rights of these varieties must be made within a period not exceeding 12 months from the date of the promulgation of the provisions laid down in the first provision, for the genus, species or group of species to which these varieties belong.

Second.

The "Plant Get Title" has effects from the date it was requested. The length of time has elapsed since the application for patents was filed, since the "Plant Obtention Title" was granted, or since it was registered in the List of Commercial Varieties, prior to the requirements established in the the transitional provision (c) and in accordance with the other cases provided for therein.

Third.

The varieties that have been placed on the market before the entry into force of this Law may continue to be produced and offered for sale freely, while the breeder does not exercise the right to be recognized by the transitional arrangement first.

Fourth.

Until the regulatory provisions for the application of this Law to the different species or groups of plant species enter into force, the regime that for these species contains the Statute of the Industrial Property.

FINAL PROVISIONS

First.

This Law is applicable throughout the national territory.

The Government, within one year of the publication of this Law, on the proposal of the competent Ministries, will dictate the General Regulation for its implementation in which the provisions will be collected (i) administrative measures which remain in force on the matters covered by this Law.

Second.

The Ministry of Agriculture will dictate the precise provisions for the entry into force of this Law in respect of each genus, species or group of species that is regulated.

Dada at the Palace of El Pardo on March 12, a thousand nine hundred and seventy-five.

FRANCISCO FRANCO

The President of the Spanish Courts,

ALEJANDRO RODRIGUEZ DE VALCÁRCEL AND NEBREDA