Chapter 1. Acquisition of plant variety rights
§ 1 the person in Sweden has produced a new plant variety or
his beneficiary can receive the exclusive right to exploit the plant variety
According to this law (plant variety rights).
The abroad have produced a new plant variety or his
rights holders can get right to the plant variety, if
the petitioner is a Swedish citizen or is resident in Sweden.
Plant variety rights may also be acquired by
1. anyone who has produced a new plant variety in a foreign State
that is connected to the International Convention on 2
December 1961 for the protection of new varieties of plants, or in a
State that is a member of an intergovernmental organization which
tour is connected to this Convention or of such person's
beneficiary, or
2. a person who is a citizen or resident in such a State and
as otherwise than as specified under 1 has produced a new
the Office abroad or of such person's successor in title.
First-third paragraphs also applies to those who have discovered and
developed a new plant variety or his successor in title.
Plant variety rights shall be acquired by registration of the plant variety.
section 2 of the Government may order that a plant variety right may be acquired
even in situations other than that specified in paragraph 1, if it is of significant
interest for Swedish folk supply or for the Swedish
crop production.
The Government may also provide for the application of the law with
respect to other countries on condition of reciprocity
or if the effect of such an agreement with a foreign State
or international organization with which the Parliament has approved.
section 3 Of the Office referred to in this law, a collection of plants within a
and the same botanical systematic unity of the lowest known rank, if
This collection can
1. is defined by characteristics that have their origin in a
particular genotype or combination of genotypes,
2. distinguished from every other group of plants by at least
one of these characteristics, and
3. are considered as a unit with regard to its suitability for
propagated unchanged.
Chapter 2. Scope of plant variety law
section 1 of the plant variety right involves
1. the plant variety which has been registered in accordance with the prior-
are written in this Act,
2. Collections of plants which are not clearly differs from the
registered variety;
3. plant varieties which are essentially derived from the registered
variety, if the registered variety does not, in turn, is
essentially derived, and
4. plant varieties that can be produced only through repeated an-
use of the registered variety.
A plant variety shall be deemed to be essentially derived where the
1. for the most part have diverted from the original
variety, or from a variety that is itself predominantly
derived from the initial variety, and then retains the
essential characteristics of the original
sort of genotype or combination of genotypes,
2. is clearly distinguishable from the initial variety, and
3. Apart from the differences that depend on
discharge procedure is consistent with the original
variety when it comes to the essential characteristic which is a
results of the original type of genotype or combination
of genotypes.
section 2 of the By the derogations laid down in paragraphs 3 and 4, means
plant variety right that no one without the consent of the holder of the
Community plant variety right may take advantage of a plant variety or another
collection of plants covered by the plant variety right through to
1. producing or reproducing propagating material;
2. process of propagation material for propagating purposes,
3. offering propagating material for sale,
4. sell or otherwise provide
propagating material,
5. exporting propagating material from Sweden,
6. importing propagating material to Sweden, or
7. stocking propagating material for any of the purposes as
listed under 1-6.
If the holder of the plant variety right has not had any
reasonable chance to make their right applicable in respect of
some propagating material, no one may without his or her
consent use variety by taking such measures
referred to in the first subparagraph, 1-7 with harvested material that has
produced with the help of this material.
section 3 of the plant variety right shall not include
1. exploitation that takes place privately and for non-commercial
purposes,
2. implementation of the experiment, and
3. the use in the manufacture of new plant varieties.
section 4 of the plant breeder's right does not extend to use of
plant material that has been brought into circulation within the European
economic area by the proprietor of the
plant variety right or with his consent.
The first subparagraph shall not apply to the use which includes export
of plant material that can be used for propagating purposes, if
export to a foreign country where the varieties of the plant genus
or plant species can not be protected and the exported
the material is not intended for final consumption.
§ 5 What is being said about the exceptions to exclusive rights in article 14 of
Council Regulation (EC) No 2100/94 of 27 July 1994 on the ge-
menskapens plant variety rights and in the implementing rules
delivered with the support of the article shall also apply to
a plant variety registered under this Act. What is in
the article and the detailed rules about the community
plant variety right shall refer to the Community plant variety right in accordance with this Act.
Chapter 3. Conditions for registration
§ 1 a plant variety may be registered only if it is
1. new,
2. distinctness,
3. uniform with regard to its essential characteristics and
4. stable.
section 2 of a plant variety shall be deemed to be new, if not propagating material
or crop products of the kind with the consent of the breeder
or his successor in title has been sold or otherwise
disposed of to others for the purpose of exploiting the variety
1. this country earlier than one year before the date of
the application for registration,
2. abroad earlier than six years before the date of
the application for registration, in this case of trees or vines, or
3. abroad earlier than four years prior to the date of
registration application, when this applies to any other group of plants than
tree or vine.
section 3 of a plant variety shall be deemed to be distinct if it is clearly
differs from the other varieties that are known at the time of
the application for registration.
A plant variety shall be deemed to have known, about the material of the professional
wise, been put up for sale, sold or otherwise
supplied. The plant variety shall also be deemed to be known, if the
registered plant variety right, admitted in an official
catalogue, appearing in a publicly accessible reference collection,
described in a generally available publication or in any other
way has come to public attention.
Even a plant variety that has not come to the public's knowl-
They shall be deemed to be known, if an application for sole right or if
admission in official catalogue have been made in one country and
application later is upheld.
4 § in determining whether a plant variety is uniform ignored
the variations that can be expected with respect to specific
conditions at the sort of propagation.
§ 5 a plant variety shall be deemed to be stable if its essential
characteristics remain unchanged after repeated propagation or, in the
If the variety has a particular cycle of propagation, at the end of each
such a cycle.
section 6, if the applicant or any from which the applicant derives its
entitled former has applied for protection for a plant variety in either
any State that is connected to the international
Convention of december 2, 1961, for the protection of
plant products, or in any State that is connected
or any area that is attached to the agreement on the establishment
of the World Trade Organization (WTO), and then applying for
registration of the variety in this country within 12 months of
the date of the earlier application, by the application of §§ 2-5
This filed application shall be deemed to be made at the same time with the
previous application, if the applicant proposes the (priority).
Such priority may also be allowed from an application for protection
refers to any other State or any other area, if the corresponding
the priority of a Swedish application for plant variety protection is granted
where the earlier application was made and if it where applicable
the legislation essentially consistent with the Convention. If
protection is sought in several countries or areas, will be counted
tolvmånadersfristen from the date of the first application for protection
was. Act (2000:1159).
6 a of an applicant who would get priority under section 6, shall
1. request a priority at the same time as the application is made;
2. within three months from the date of the application, make a copy to
The State's agricultural work of the earlier application and
3. within five years from the date of the earlier application to submit the
additional documents and materials to the State's
agricultural work needed to be the priority question must
be examined.
The copy referred to in the first subparagraph 2 shall be certified by the
authority which received the previous application.
If the earlier application has been refused or withdrawn, the
The State's agricultural work set a different time limit than that which is stated in the
first subparagraph 3.
If the provisions of first-third paragraphs are not complied with, the
not the right of priority. Act (2005:1216).
section 7 a plant variety shall not be registered if it is already
registered for a Community plant variety right in accordance with Council
Regulation (EC) No 2100/94 of 27 July 1994 on community
plant variety rights.
Chapter 4. Variety denomination
§ 1 a registered plant variety shall have a variety denomination. This
must make it possible to distinguish the variety from other varieties.
A variety denomination shall not be accepted if the
1. consists of only numbers, unless it is settled case-law
to designate the varieties on the way,
2. apparently is likely to mislead the public,
3. contrary to the law or the General
order or is liable to scandalise,
4. can be confused with a variety denomination of a variety of
plant species or a closely related plant species introduced in or
proposed for inclusion in the register of plant variety, a corresponding
Foreign registry or another official catalogue or
use of propagating material of a variety,
5. can be confused with a brand, a name, a company name or
another designation for which someone other than the applicant
protection and which would have constituted obstacles to the register
the variety denomination as trade mark for materials of a plant variety or
for goods of a similar kind,
6. can be confused with such a trademark for the material of a
plant variety or for goods of a similar kind for which the applicant
has protection.
The Government, under the condition of reciprocity shall order
to a denomination that has been registered or applied for
registered in a foreign State shall be registered in Sweden
Although the first and second paragraphs, unless there are serious
reasons against this.
section 2 of the supply of propagating material of a registered
Office for sale or in any other way
provide such materials shall use the registered
the variety denomination. This applies even when the term of protection has been
or for any other reason the plant variety right has
ceased.
A registered name on a grade or with this
paged title may not be used for a different kind of
the same or related species, or for material of such
kind as long as the registration of the appellation is composed.
Chapter 5. The application procedure
section 1 of the Registration under this Act is done in the plant variety register
kept by the State's agricultural work.
When a plant variety denomination of the variety shall also be registered
registered. Act (2005:1216).
section 2 of an application for registration of a plant variety shall be made
in writing of the State's agricultural work.
The application shall contain
1. a clear description of the variety, showing separately:
the characteristics that distinguish the variety from other varieties;
2. indication of the sort of lineage,
3. proposed denomination of the variety, and
4. indication of the breeder's name.
If someone other than the breeder looking for registration, shall
applicants prove their right to kind.
The application shall be accompanied by one of the applicant personally
signed declaration of honour to the kind, as far as
the applicant will know, not before the date on which the application is made, or
According to Chapter 3. section 6, shall be considered to have been made was disposed of
such a way that, under Chapter 3. paragraph 2 shall not be considered as
new.
In connection with the application, the applicant shall provide plant material
of the variety in the amount needed to try variety.
The applicant shall pay the prescribed application fee.
Act (2005:1216).
section 3, an application may apply to the registration of a plant variety only.
section 4 of the State's agricultural work may submit an applicant who does not have
resident in Sweden to individually set a delegate with competence
to receive notification of the case and a resident here in the country,
and to notify the delegate of the work. If the applicant does not comply with
order, receive notification by that document sent
by mail to the applicant during his/her last known address.
Notification shall be deemed to have occurred when this has been completed.
Act (2005:1216).
§ 5 If the applicant does not comply with what is prescribed if
application or if there is any other impediment to assent to
application, the applicant shall be required to give its opinion within a time
or take corrective action.
If the applicant fails to submit observations within the prescribed period
or take corrective action, the application shall be dismissed. An indication of
This should be included in the notice.
section 6, there is no impediment to granting the application even after
the applicant and the applicant has had the opportunity to
comment on the obstacle, the application shall be rejected, unless there are
reason to give the claimant a new injunction.
section 7/expires U: 2016-09-01/
If someone ahead of the State's agricultural work claims to have better
the right to the plant variety than the applicant and the matter is uncertain, it may work
submit to him or her to bring the matter before the Court
within a certain time by the penalty to claim otherwise is left without
respect for the continuation of the trial.
If a dispute about better law is initiated in the courts, can
registration application in abeyance pending the outcome of proceedings
proceed to judgment. Act (2005:1216).
the entry into force of section 7/in: 2016-09-01/
If someone ahead of the State's agricultural work claims to have better rights to the plant variety than the applicant and the matter is uncertain, the Agency shall submit to him or her to bring proceedings before the Court within a certain time by the penalty to claim otherwise disregarded in the continuing trial.
If a dispute over greater rights has started in the Court, the registration application in abeyance pending the final judgment. Law (2016:215).
section 8 if someone ahead of the State's agricultural work shows that he or she
has a better right to the plant variety than the applicant, should the work on
request to transfer the application to him or her. The receiving
application transferred to itself shall pay a new application fee.
If the transfer is entered, the application was not cancelled, refused or
be upheld until the claim has been finally been heard. Act (2005:1216).
section 9 If the application is complete and there is no obstacle
for registration, the State's agricultural Chief announce application
to prepare the public opportunity to make objections
against the application.
Objections shall be made in writing in the State's agricultural work
in the time that agency determines. Act (2005:1216).
section 10 of the State's agricultural work must ensure that materials of
the plant variety is tested, unless for special reasons is unnecessary.
The applicant shall pay the prescribed fee for completed tests.
Act (2005:1216).
11 § since the time for making an objection to the application,
expired and test with the material of the plant variety has been completed
the application shall be taken up for further examination. At this
examination is 4-8 sections applicable.
The applicant shall be given an opportunity to comment on the resulting
objections and conducted tests.
section 12 where an application for registration of a plant variety is upheld and
the decision becomes final, the variety shall be taken into
plant variety register and registration be published.
Are terminated or rejected an application that has been published pursuant to section 9,
the decision shall be published after it has become final.
Chapter 6. Validity period, annual fees and subsequent verification
section 1 of the plant variety right is valid from the date of application for the Director-
with car registration was granted and can be maintained for 25 years from the
on 1 January of the year following that in which the decision on the
registration became final. In the case of potatoes, trees and wine
However, the plant variety right can be maintained for 30 years
from the same date.
section 2 Of the plant variety right shall, for each calendar year
paid a prescribed annual fee. This is payable from and
the year after that in which the application for registration was granted.
The annual fee shall be paid no later than the first day of the
calendar year fee is. Last day to pay the annual fee
a year that has started before the plant variety has been registered
or within two months thereafter falls, however, first two months
After the date of registration. Annual fees may not be paid
before registration, nor earlier than six
months before the calendar year in which the fee relates.
The annual fee may, with the increase which is prescribed,
be paid within six months after the due date.
section 3 to ensure that a registered plant variety is stable
gets the State's agricultural work, submit to the holder of the
the plant variety right to provide work
propagating material of the variety, as well as the necessary documents and
information. Act (2005:1216).
Chapter 7. License
section 1 Has the holder of a plant variety right accepts any other
the right to use a registered plant variety (license), he may
transfer his right only if the holder has admitted it.
Includes license in a motion, however, may be transferred in the license
connection with the transfer of movement, or a part of it, if
nothing else has been agreed. If the licence is transferred on a
so, still continues the assignor to respond to
license agreement is fulfilled.
section 2 of the plant variety right Has been transferred to someone else, or have
license granted or transferred, shall, on request and at
the prescribed fee shall be made accordingly in
plant variety register. If it appears that a licence has
entered in the register has expired, shall also
recorded.
The first paragraph also applies in the case of a compulsory licence.
In a target or subject of a plant variety right is considered the as-
the holder of the plant variety right who have been registered in
plant variety register in this capacity.
section 3 Provided no market with propagating material of a
registered plant variety on reasonable terms and to the extent
justified by the general interest and are there
not an acceptable reason for failure, the
who in this country would exploit a registered plant variety get
compulsory license for this. A compulsory license includes the right
that of the holder of the plant variety right obtain propagating material
of the variety, to the extent that is reasonable.
3 a of a holder of a patent on a biotechnological invention,
who can't use it without infringing an earlier
a registered plant variety right can get a compulsory licence to
exploiting the plant variety protected by plant variety rights. A
such license will be notified only if the applicant shows that the invention
constitutes significant technical progress of considerable economic
interest in relation to the variety.
If a holder of a Community plant variety right, a compulsory license in
a patent, the patentee has the right to get a on reasonable terms
compulsory licence (respect) to take advantage of the protected plant variety.
Provisions on the possibility of a plant breeders, under certain
conditions obtain a compulsory licence to exploit a
patented invention is available in 46 a of the Patents Act (1967:837).
Act (2004:160).
section 4 of the compulsory licence may only be granted to those who can be presumed to have
opportunities to exploit the plant variety in an acceptable manner
and in compliance with the license. The applicant must also demonstrate
that he or she has unsuccessfully applied unsuccessfully to the holder
of the plant variety right to obtain a contractual licence on reasonable
terms and conditions.
A compulsory licence shall not prevent the holder of the plant variety right
to exploit the variety or to license. A
a compulsory license may turn to someone else only in conjunction with
a movement in which it is exploited or was intended to be exploited.
For such compulsory licences as referred to in paragraph 3 (a)
In addition, the license may be transferred only together
with the patent license based on. Act (2004:160).
§ 5/expires U: 2016-09-01/
A compulsory license granted by the General Court, which also
determines to what extent the plant variety may be used and
determines the remuneration and other conditions of the license. When
materially changed circumstances warrant it, the Court may, on
claim void licence or lay down new conditions for it.
§ 5/comes into force in: 2016-09-01/
A compulsory license granted by the Court, which also determines the extent to which plant variety may be used and determine the remuneration and other conditions of the license. When significantly changed circumstances warrant it, the Court may, on application, set aside the license or lay down new conditions for it.
Law (2016:215).
Chapter 8. Plant variety law termination etc.
section 1 of the annual fee is not paid as prescribed in Chapter 6.
section 2, is the plant variety right due from 1 January
the year for which the fee has not been paid. The State's agricultural work
should also unregister the plant variety. Act (2005:1216).
section 2 If the holder of the plant variety right in writing of
The State's agricultural Chief waives the plant variety right, it shall
the work unsubscribe variety.
If the plant variety right is seized, subject to lien or
utilized by the payment assurance or a dispute about
transfer of registration is in progress, the kind not
deregistered at the request of the holder of the plant variety right
as long as the garnishment, attachment or payment protection
consists or the dispute has not been finally settled.
Act (2005:1216).
3 §/expires U: 2016-09-01/
The General Court shall, on application for the lifting of the registration of
a plant variety, if
1. the plant variety at the filing date or, if the holder of
plant variety law enjoyed priority, on the date of
priority has been given did not meet the requirement of novelty in Chapter 3. section 2 of the
or the requirement for distinctness in Chapter 3. section 3,
2. the plant variety at the time specified under 1 not
meet the requirement of consistency in Chapter 3. 4 section or the requirement
stability in Chapter 3. paragraph 5, unless the variety is registered
mainly on the basis of information provided by the applicant
provided,
3. the plant variety has been registered in breach of the chapter 3. section 7, or
4. the plant variety has been registered for someone who was not be-
vote for it and the action has not brought about the transfer of
the registration.
A registration may not be cancelled on the ground that the
registration has been entitled to only a certain proportion of the
plant variety right.
3 section/entry into force: 2016-09-01/
The Court shall, on motion to lift the registration of a plant variety, if
1. the plant variety at the filing date or, if the holder of the plant variety right enjoyed priority, on the date from which priority has been given did not meet the requirement of novelty in Chapter 3.
section 2 or the requirement for distinctness in Chapter 3. section 3,
2. the plant variety at the time specified under 1 did not meet the requirement of consistency in Chapter 3. 4 section or the requirement for stability in Chapter 3. paragraph 5, unless the variety is registered mainly on the basis of information provided by the applicant,
3. the plant variety has been registered in breach of the chapter 3. section 7, or
4. the plant variety has been registered for someone who was not entitled to it, and the action has not brought about the transfer of the registration.
A registration may not be cancelled on the ground that the registration has been entitled to only a certain percentage of the plant variety right. Law (2016:215).
4 § has a plant variety registered to someone other than the
entitled to it pursuant to Chapter 1. section 1, the Court shall on the action
by the eligible to transfer the registration to him or
her. The action shall be instituted within the period specified in section 5.
§ 5 an action under section 3(1) 4 based on a
the Office has registered to someone other than the person who is
entitled to it may be brought only by the person who claims to be
eligible for variety. The action must be instituted within one year after
the plaintiff had knowledge of the registration and the other
facts on which the action is based. If the holder of
plant variety right acted in good faith when the variety was registered or
When the plant variety right transferred to him or her, may action
not be brought later than three years after the registration.
In the other case, an action under paragraph 3 be taken by anyone who
caused any disadvantage of registration and, if it is
justified from a general point of view, of the authority that the Government
determines.
section 6 of the State's agricultural work must deregister a plant variety, if
1. variety no longer satisfies the requirements set out in Chapter 3. on uniformity
and stability, or
2. the holder of the plant variety right has failed to comply with a
notice under Chapter 6. section 3, and the failure precludes
for reliable verification. Act (2005:1216).
Article 7 where a variety denomination has been registered in contravention of this law
and if the reason for registration remains, shall State
agricultural works, enter a new name for the plant variety.
The same applies if a registered variety denomination obviously
become liable to mislead the public or become fighters
against public order or likely to arouse anger.
The holder of the plant variety right shall, in the cases referred to in
the first subparagraph shall be given an opportunity to propose a new denomination.
A registered denomination of a variety for which protection
expired or plant variety right otherwise ceased may on
the request of the holder of the plant variety right or where it
otherwise, there is a reason for it after consideration of the State's
agricultural works deregistered if the denomination is no longer
used. Act (2005:1216).
clause 8 of article 92 (2) of Council Regulation (EC) No 2100/94 of
27 July 1994 on Community plant variety rights are special
rules applicable where a plant variety registered for
a Community plant variety right after the variety has been registered
According to this law.
Chapter 9. Responsibility and liability, etc.
§ 1 the person willfully or by gross negligence infringes
a Community plant variety right shall be liable to a fine or imprisonment of up to two
year. The one who has violated an injunction under section 2 shall not
be responsible for the infringement covered by the ban.
For tests or preparation for a crime referred to in the first subparagraph
sentenced to liability under Chapter 23. the Penal Code.
The Prosecutor may prosecute for offences referred to in the first or
second subparagraph only if the plaintiff specifies the offence to the prosecution and
the prosecution of specific reasons are justified from a public point of view.
1 a of the Property in relation to which the offence under
§ 1 shall be declared forfeited, unless it is manifestly unfair.
Instead of property may be declared forfeited its value.
Even the exchange of such breach shall be declared forfeited, if the
is not manifestly unreasonable. The same applies to what someone has taken
received as compensation for costs incurred in connection with such
offences, or the value of the received, if the receipt constitutes offences
According to § 1.
Property that has been used as a tool for offences under section 1,
be declared forfeited, if necessary to prevent crime
or if there are special reasons. The same applies to
property that is intended to be used as a tool for crime
According to § 1, if the offence has been completed, or if the procedure has
constituted a punishable attempt or a criminal preparation.
Instead of property may be declared forfeited its value.
Act (2005:314).
2 §/expires U: 2016-09-01/
At the request of the holder of the plant variety right, or the
that due to license has the right to exploit the plant variety receives
ordinary court under penalty ban anyone who makes, or participates
to the intrusion of the plant variety right to continue with it.
The provisions of the first subparagraph shall apply also in the case of
threatened infringement. Law (2009:115).
2 section/entry into force: 2016-09-01/
At the request of the holder of the plant variety right or the like due to license has the right to exploit the plant variety receives Court under penalty ban anyone who makes or contributes to the infringement of the plant variety right to continue with it.
The first subparagraph shall apply also in respect of threatened infringement. Law (2016:215).
§ 3 If the plaintiff shows the probable cause of that infringement, or
contributory infringement, of the plant variety right and
If it could reasonably be expected that the defendant by continuing
infringement, or contributing to it, belittle the value of
the exclusivity of the plant variety, the Court may inform the
injunction for the period until a final judgment pending
or something else has been decided. Before such a ban
communicated to the defendant have had the opportunity to express its opinion, if
not a delay would cause injury.
The provisions of the first subparagraph shall apply also in the case of
threatened infringement.
The prohibition referred to in the first subparagraph may be notified only if
the plaintiff set security at the Court for the damage that can
added respondent. The plaintiff may not make such security,
the Court may relieve the plaintiff from this. In the case of the battle
of security applies to Chapter 2. section 25 of the enforcement code. Safety
shall be examined by the Court, unless it has been approved by the
the defendant.
When the target is determined, the Court will consider whether the prohibition has
issued under the first subparagraph shall still persist.
Law (2009:115).
4 § in the case of appeal against a decision pursuant to paragraph 3 and, in the case
If the proceedings in the High Court case as provided for in
the code of judicial procedure concerning appeals against decisions under Chapter 15.
the code of judicial procedure.
§ 5/expires U: 2016-09-01/
Action for imposing liquidated damages brought by the applicant for
ban. In the context of such an action, the action brought on new
injunction.
§ 5/comes into force in: 2016-09-01/
An action for imposing liquidated damages brought by the applicant for the ban. Law (2016:215).
5 a § if the applicant demonstrates probable cause that someone has
made an infringement of a Community plant variety right, the Court may, at the
liquidated damages may decide that one or more of those listed in other
subparagraph shall give the applicant information about origin and
distribution networks of the goods or services for which the infringement
(the information injunction). Such a decision may
announced at the request of the holder of the plant variety right
or because of the license has the right to use
plant variety. It may only be granted if the information can be assumed
facilitate investigation of an infringement relating to the goods or
the services.
The obligation to provide information includes the
1. have done or participated in the Commission of the infringement,
2. commercial-scale has the disposal of a product
the interference comes,
3. commercial-scale has used a service that the infringement
regards,
4. commercial-scale has provided an electronic
communication service or another service that has been used
at the intrusion, or
5. has been identified for any listed in 2-4 as a part
in the production or distribution of goods or
the provision of a service to which the infringement relates.
Information about the origin of the goods or services and
distribution network, in particular:
1. name and address of the producers, distributors,
suppliers and others who have held the goods or
provided services,
2. name and address of the intended wholesalers and
retailers, and
3. details of how much has been produced, delivered,
received or ordered and if the price has been determined
for goods or services.
The provisions in the first to third paragraphs apply also in
respect of threatened infringement.
Law (2009:115).
5 b of an information injunction may be notified only if
the reasons for the action outweighs the inconvenience or it but in
Moreover, as a measure for those who suffer from it, or
for any other conflicting interests.
The obligation to submit information under Chapter 9. 5 a §
do not include information whose disclosure would disclose to
the whistleblower or someone related to him or her
referred to in chapter 36. section 3 of the code of judicial procedure has committed a criminal
action.
In the personal data Act (1998:204) contains provisions which
limits the received personal data may be processed.
Law (2009:115).
5 c §/expires U: 2016-09-01/
A decision on the information injunction may be communicated by
the Court in which the lawsuit if the infringement is ongoing. In the other case
in the case of competent jurisdiction as provided in
the code of judicial procedure concerning disputes relating to the infringement. It is said in
the code of judicial procedure concerning restriction of jurisdiction in
case of dispute to be addressed in different order than before
Court should not, however, apply.
If the claim on the information injunction directed at the
that is the applicant's counterpart in an action for infringement, shall
rules on the trial of the case
applied. Decisions on the information injunction may be appealed
in particular.
If the claim on the information injunction against any
other than that specified in the second subparagraph, shall act (1996:242)
If the court cases apply. For the examination of the question, the
also kept hearing pursuant to chapter 37. the code of judicial procedure. The Court of Justice
may decide that each party should be responsible for their
legal costs.
Action for imposing liquidated damages may be brought by the applicant for
the order and shall be dealt with in accordance with the rules in
the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment
than fines are not prescribed. In connection with such proceedings
gets an action be brought if new information injunction.
Law (2009:115).
5 c §/comes into force in: 2016-09-01/
If a claim of the information injunction directed at the person who is the applicant's counterpart in an action for infringement, the provisions concerning the trial of the objective applied. A decision on the information injunction may be appealed in particular.
If the claim on the information injunction against someone other than the one referred to in the first subparagraph, shall act (1996:242) if the court cases apply. The Court may decide that each party should be responsible for their own costs.
An action for imposing liquidated damages may be brought by the applicant for the order. Law (2016:215).
5 d § whoever, due to the provisions of Chapter 9. 5 a of the other
paragraph 2-5 has been submitted to that referred to in the first subparagraph, the same
section provide information have the right to equitable remuneration
for costs and inconvenience. The royalty shall be payable by the
has the claimant on the information injunction.
The provider of an electronic communications service
and that as a result of an information injunction has provided
out the information referred to in Chapter 6. section 20 of the Act (2003:389) if
electronic communications shall send a written
notification thereof to which it relates
at the earliest, after one month and not later than after three months from the
that the information was out. The cost of the notification
replaced in accordance with the first paragraph. Law (2009:115).
5 e § Despite the prohibition in paragraph 21 of the personal data Act (1998:204)
personal data relating to offences involving crimes
According to Chapter 9. 1 § processed if this is necessary to
a legal claim can be established, be relied
or defended. Law (2009:115).
5 f section at the request of the plaintiff, the Court may, in case of infringement,
impose whosoever has done or participated in the Commission of the infringement to
pay for the appropriate measures to disseminate information about the Cathedral
in the case.
The provisions of the first subparagraph shall apply also in the case of
threatened infringement. Law (2009:115).
section 6 of The who, either intentionally or negligently, infringe a
plant variety right shall pay reasonable compensation for
the exploitation of the plant variety, as well as compensation for the
further injury which the infringement has caused. When
the amount of compensation is determined, account shall be taken, in particular, to
1. loss of profits,
2. profit as the perpetrator has done,
3. damage to the reputation of the variety,
4. non-pecuniary damage, and
5. holder's interest that the infringement was not committed.
The infringing a plant variety right without intent or
negligence shall pay compensation for the use of the variety;
If and to the extent that it is reasonable.
Actions for compensation may only relate to injury during the five
in recent years before the action was brought. If an action is not brought within the
the time is right to compensation. Law (2009:115).
section 7 at the request of the person who has suffered an infringement of a
plant variety right, the Court may, as appropriate,
decide that such plant material infringement applies to
withdrawn from the market or be destroyed or that any
other action to be taken with it. The same applies in the case of
instrumentalities used or intended to be used
at the intrusion.
Despite what is stated in the first paragraph, the Court may, if it
There are serious reasons, on request decide that a holder
of plant material referred to in which to obtain possession of the material
against reasonable compensation and otherwise on reasonable terms. A
such a decision may be announced only if the holder has been
in good faith.
The provisions of the first and second subparagraphs shall also apply in the
respect of threatened infringement.
A decision on the action referred to in the first subparagraph shall not involve
to the person who has suffered an infringement of a Community plant variety right shall
pay remuneration to the targeted by the measure.
Measures referred to in the first subparagraph shall be borne by the defendant if
There are no special reasons for this.
A decision as referred to in this paragraph shall be granted if the
confiscation or any measure for the prevention of abuse
shall be adopted in accordance with Chapter 9. 1 (a) or under the criminal code.
Law (2009:115).
7 a § If it can reasonably be assumed that someone has done or
participated in infringed, the Court may order that the evidence
to be able to be secured if the infringement may decide that an investigation may
be made with him to search for objects or documents
likely to be relevant to an investigation of infringement
(infringement search).
A decision on the infringement search may be notified only if
the reasons for the action outweighs the inconvenience or it but in
Moreover, as a measure for those who suffer from it, or
for any other conflicting interests.
The provisions of the first and second subparagraphs shall also apply in the
respect of threatened infringement.
Law (2009:115).
7 (b) §/expires U: 2016-09-01/
A decision will be announced by the infringement search
Court in which the trial relating to the infringement in progress. If the trial
is not initiated, the competent court in respect of the like
provided for in the code of judicial procedure concerning disputes relating to the infringement.
It is stated in the code of judicial procedure concerning the restriction of court
jurisdiction of dispute to be addressed in different order
than before a court should not, however, apply.
A question of infringement search may be collected only on
the request of the holder of the plant variety right or on
because of the license has the right to exploit the plant variety. If
trial is not commenced, should the claim be filed
in writing.
Before a decision on the examination will be communicated to the opposing party have
had the opportunity to be heard. the Court may, however, immediately
announce a decision until it has been decided,
If a delay would entail the risk that the objects or
documents relevant to the investigation if the infringement
be obtained aside, destroyed or mutilated.
In addition, a question of infringement search arising
When the trial is not commenced to be dealt with in the same way as if
the issue arose during the trial. Law (2009:115).
7 (b) the entry into force of §/in: 2016-09-01/
A question of infringement search may be harvested only at the request of the holder of the plant variety right or the like due to license has the right to exploit the plant variety. If a trial is not commenced, should the application be presented in writing.
Before a decision on the examination will be notified to the other party to have had the opportunity to be heard. the Court may, however, immediately notify a decision valid until otherwise ordered, if a delay would entail the risk that the objects or documents relevant to the investigation if the infringement be obtained aside, destroyed or mutilated.
In addition, a question of infringement search that occurs when a trial is not commenced to be dealt with in the same way as if the issue was raised during a trial. Law (2016:215).
paragraph 7 (c) a decision on the infringement search may be notified only if
the applicant set security at the Court for the damage that can
added respondent. The applicant does not have the ability to set
security, the Court may exempt the applicant from it. In the case of
the battle of security applies to Chapter 2. section 25 of the enforcement code.
The security shall be examined by the Court, unless it has been approved
of the other party.
In the matter of the appeal of court decision on
infringement search, and in the case of processing in higher
Court applies the provisions of the code of judicial procedure if
appeal of decision under Chapter 15. the code of judicial procedure.
Act (1998:1460).
7 d § a decision on infringement search shall include
data on
1. what purpose the investigation shall have,
2. the objects and documents that may be searched for, and
3. What are the areas that get scanned.
If necessary, the Court shall also order the other conditions
for the execution. Act (1998:1460).
7 e § a decision on infringement search terms immediately. If
application for enforcement has not been made within one month from the
the decision, due it.
If the applicant fails within a month from the enforcement
completed court or in any other manner initiates
proceeding on the matter, an action undertaken by
implementation of intrusion investigation immediately go back,
to the extent possible. The same applies if a
decision on infringement search is repealed since the enforcement
implemented. Act (1998:1460).
7 f § a decision on infringement search is carried out by
Enforcement authority under the conditions that the Court has
and with application of the 1-3 chapter, chapter 17. 1-5 sections
and chapter 18. the enforcement code. The claimant's counterparty will
notified of the execution only if the decision on the
infringement search have been added after the other party's hearing.
The authority has the right to take photographs and make video and
sound recordings of such objects as it may find.
The Authority also has the right to take copies of or extracts from
such documents as the may find.
An infringement search shall not include a written document
referred to in Chapter 27. section 2 of the code of judicial procedure. Law (2006:725).
7 g § When a decision on infringement search shall be enforced
the defendant has the right to call a lawyer. In
While waiting for the processor to appear, the enforcement
not be started. However, this does not apply, if
1. the examination thus unnecessarily delayed, or
2. There is a risk that the measure would not
is achieved.
At the execution, bailiffs may engage the
the assistance of a specialist as needed.
The authority may authorize the applicant or an authorized representative of
the applicant is present at the inquiry to assist with
information. If such permission is given, the authority shall see
that the applicant or agent not more than
which can be justified by the enforcement becomes aware of
conditions that will arrive. Law (2006:725).
7 h § Photographs and video and audio recordings by subject
as well as copies of and extracts from documents shall be listed and
shall be made available to the applicant and the respondent.
Act (1998:1460).
section 8 property referred to in Chapter 9. section 7 shall be confiscated, if the
are reasonable grounds that an offence under Chapter 9. section 1 has
committed. In the case of such a seizure shall apply the rules of
seizure in criminal matters in General.
The provisions of the first subparagraph shall apply also in the case of
threatened infringement. Law (2009:115).
section 9 Exploits a plant referred to in the application for
registration, the provisions for infringement of Community plant variety rights
applied, if the application leads to registration. For such a
exploitation shall not be responsible or decided on
confiscation. Compensation for damage due to exploitation
occurs before the application has been published under Chapter 5. § 9 may
be determined only in accordance with section 6, second paragraph.
Despite section 6, third paragraph, the right to compensation is not
lost, if proceedings are instituted within one year after the
plant variety right was registered. Act (2005:314).
section 10 Of the registration of a plant variety has been lifted by a judgment
which has become final, the Court may not impose penalties
or adopt any other measure referred to in paragraphs 1 to 9.
Brought proceedings for infringement of a Community plant variety right and do it against
which an action is brought relating to registration should be revoked, shall
the Court on his claim proceedings pending
on the issue of cancellation of registration final tested. If
Action for this not to have been instituted, the Court shall in connection with
the stay of proceedings, submit to the party against whom infringement actions
sales period of time within which an action for revocation shall be instituted.
section 11 of The who willfully or negligently violates Chapter 4.
section 2 shall be liable to a fine and shall compensate for the damage incurred.
If negligence is calling, is sentenced not for responsibility. In such cases
the compensation can be reduced.
10 Cape. Procedural provisions
section 1 of the holder of a plant variety right or the like because
the license has the right to use a plant variety may bring an action for
It shall be determined if the registration provides protection against any
other. A prerequisite for this is that uncertainty exists if
relationship and that this is to the detriment of the holder of the
plant variety right or the licensee.
Under the same conditions, it engaged in or intend to
conduct operations bring an action against the proprietor of a
plant variety rights that it must be determined if there is
barriers to business because of the registration.
If, in a case referred to in the first subparagraph are alleged to
registration should be cancelled, the chapter 9. section 10, second paragraph
applied.
section 2 of The wishing to bring an action for cancellation of the registration of a
the Office, on the transfer of a registration or notification
the compulsory license shall notify to the State's agricultural work
as well as inform anyone who under plant variety register holds
license to exploit the variety. If a licensee wishes to bring an action
for infringement of Community plant variety rights or for a declaration under
Article 1, first paragraph, the licensee shall inform the holder
of the plant variety right about this.
The notification obligation shall be considered to have been fulfilled when a
notification of registered mail has been sent during the
address as recorded in the plant variety register.
If it does not appear when the case is brought to the notification or
notification has been made, the plaintiff shall be given time to do so.
The plaintiff loses this time, may not be up to
trial. Act (2005:1216).
3 §/expires U: 2016-09-01/
According to the code of judicial procedure, if there is no jurisdiction
Court for an action for greater rights to a plant variety, for revocation of
the registration of a plant variety, on the transfer of such registered
ring, for a compulsory exploitation right or a declaration under paragraph 1, shall
proceedings may be brought before the District Court of Stockholm.
3 section/entry into force: 2016-09-01/
Patents and the market Court is the proper Court in matters under this Act. The same applies in case of better right to the Office in accordance with Chapter 5. 7 §.
It is stated in the code of judicial procedure concerning restriction of judicial jurisdiction of dispute to be addressed in different order than before the courts shall not apply in respect of a claim if the information injunction or infringement search. Law (2016:215).
section 4 the Court shall send a copy of a judgment or a final
any decision under this Act to the State's agricultural work.
Act (2005:1216).
§ 5/expires U: 2016-09-01/
The State's agricultural work's final decision may be appealed by the
that decision concerns, if it is him or her against.
A decision by which the application for registration is approved,
However, be appealed only by the duly has
made an objection to the application. Revokes opponent
its appeal may nevertheless be examined, if available
special reasons.
A decision by which a request for transfer under 5
Cape. section 8 has been satisfied may be appealed against by the applicant. The who has
made application for transfer may appeal against a decision by
which the claim rejected. Act (2005:1216).
§ 5/comes into force in: 2016-09-01/
The State's agricultural work's final decision may be appealed by the affected by the decision.
A decision by which an application for registration is approved, however, may be appealed only by the duly made an objection to the application.
A decision by which a request for a transfer in accordance with Chapter 5. section 8 has been satisfied may be appealed against by the applicant. The person who has made an application for transfer may appeal against a decision by which the claim has been rejected. Law (2016:215).
6 §/expires U: 2016-09-01/
A decision by the State's agricultural work appealed to
Patent appeals within two months from the day.
Any final decision of the Court of patent appeals may be appealed to the
The Supreme Administrative Court within two months from the
today. In so doing, apply 35-37 of the code of administrative procedure
(1971:291) concerning the decision of the Appeals Chamber.
The decision of the Swedish court of patent appeals shall indicate that the
special permission is required for the examination in Chief
Administrative Court and if the grounds on which such a
authorization. Law (2010:1405).
6 §/entry into force: 2016-09-01/
A decision by the State's agricultural work appealed to Patent and market court within two months from the date of the decision. Law (2016:215).
11 kap. Specific provisions
(1) the holder of a plant variety right who is not domiciled in
Sweden shall have an agent residing in this country. Attorney
shall have the power to order the holder of the plant variety right
receive service of summons, summons and other documents
in matters relating to plant variety rights except by subpoena
in criminal proceedings and of the procedure for the parties to appear
in person before the Court. The officer shall be notified to the
plant variety register and be recorded there.
If the holder of the plant variety right have not reported any
agents referred to in the first subparagraph, may instead be attested by
to the document to be served is sent to him or her
during the plant variety register noted address. If someone
the full address is not recorded in the register, can the service
be done by the action are kept available at the State
agricultural work and by a message about this and if
main content of the document is published in a publication that
the Government determines. The notification shall be deemed to have occurred when, as
now it has been said has been fulfilled. Act (2005:1216).
section 2 of the Government or the authority that the Government may
provide for the size of fees under this Act.
section 3 of the Government may prescribe that plant varieties as it sought
registration for may undergo testing with an authority in any
another State or by an international institution. Government
may further provide that persons seeking registration for
a grade for which they had previously applied for registration in any other
State shall be obliged to report what authority in the
the State notified them about the examination of the conditions for registration.
12 Cape. EC-växtförädlarrätt
§ 1 the person who submits an application for a Community plant variety right
to the State's agricultural work for further promotion under article
49(2) of Council Regulation (EC) No 2100/94 of 27 July 1994 on
a Community plant variety right shall pay a fee to the
amount to the Government. Act (2005:1216).
2 § At infringement of a Community plant variety right applied
the provisions of Chapter 9. 1 and 1 a section on liability and
forfeiture, as well as 7 a-7 h sections about infringement search. Otherwise
applies to Chapter 9. 2-7 paragraphs to the extent otherwise provided by
Council Regulation (EC) No 2100/94 of 27 July 1994 on
a Community plant variety right. In these cases, it is said
for infringement of Community plant variety rights apply to infringements of community
plant variety rights. Law (2009:115).
Transitional provisions
1997:306
1. this law shall enter into force on the day the Government determines. GE-
Nom växtförädlarrätts law repeals Act (1971:392).
2. this law shall also apply to the varieties
registered at the time of entry into force or which
recorded on the basis of applications made before then,
subject to the provisions below.
3. An application for registration that has been published prior to the
date of entry into force shall be dealt with and determined in accordance with the elderly
provisions.
4. The new provisions do not apply in the case of
measures taken or rights acquired
before the entry into force.
5. Chapter 2. paragraph 4, second subparagraph, of the new law does not apply
plant material that has been brought into circulation under the third
the paragraph in the older law.
6. The question of cancellation of the registration of a plant variety that has
registered under the old rules will be assessed according to the
older provisions.
7. If any prior to the entry into force have begun to exploit
plant material in a manner not required the consent of the
the holder of the plant variety right under older rules but
requiring such consent under this Act, he or she
Despite the new rules as necessary and customary
extent continue the planned activities, but
to five years after the entry into force. Such a right has over the anti-
respondent conditions also have taken substantial
measures to exploit the plant variety.
8. If the application for registration relates to a plant variety on the
older provisions were not applicable and the application is made within
a year after entry into force of this law, the time limit of 3
Cape. 2 § 1 shall be four years instead of one year.
9. In the matter of decisions of the plant variety Board rendered before
entry into force, the older provisions on appeal
applied.
2000:1159
1. this law shall enter into force on 1 January 2001.
2. For applications that have been made before the entry into force applies 5
Cape. paragraph 4 in its older version.
2004:160
1. this law shall enter into force on 1 May 2004.
2. The new provisions shall also apply to
plant variety right has been granted or applied for prior to
the entry into force.
2009:115
1. this law shall enter into force on 1 april 2009.
2. the provisions of Chapter 9. 5 a-5 (d) and 5 (f) § § shall not
applied when the infringement, or attempt or preparation
to the infringement, committed before the entry into force.
2016:215
1. this law shall enter into force on 1 september 2016.
2. Older provisions still apply to cases decided by the Court of patent appeals before the entry into force.
3. Proceedings instituted in the District Court of Stockholm or Svea Court prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.
4. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.
