Act No. 149 / 2002 Coll.
Act amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Law on the Protection of Variety Rights), and Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Valid
Law
Effective from 01.06.2002
Text versions:
01.06.2002
17.04.2002
149
THE LAW
of 20 March 2002
amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, and Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Protection of Plant Variety Rights and the Amendment of Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended (Act on the Protection of Variety Rights)
Act No. 408 / 2000 Coll., on the protection of plant variety rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Plant Variety Rights Protection Act) is amended as follows:
1. The following Section 23a to 23j is inserted after Section 23:
"Fees for the duration of the protection rights to the protected variety
For the duration of the protection rights to the protected variety, the holder of the breeding rights shall be obliged to pay fees (hereinafter referred to as maintenance fees) collected by the Institute throughout the duration of the protection rights to the protected variety.
Rates
The rates of the maintenance fees are set out in the maintenance fee schedule set out in Annex 3 to this Act.
Claim
The holder of the breeding rights shall be the fee payer.
Exemption from fees
The Czech Republic is exempted from paying maintenance fees.
Validity of the maintenance fee
(1) Maintenance fees are paid for each year of the duration of the protection rights to the protected variety, starting from the date on which the protection rights to the protected variety are granted (§ 16).
(2) The first maintenance fee shall be paid without measurement and shall be due by the end of the calendar month following the calendar month in which the protection rights to the protected variety were granted.
(3) The maintenance fee for the following year shall be payable without measurement at the latest on the date on which the previous year expires.
Payment of maintenance fee
(1) For each maintenance fee payment, the payer shall indicate which protected varieties the maintenance fee is related to. If the purpose of the payment is not clearly established, the Institute shall invite the taxpayer to communicate that purpose in writing within the time limit set. If the taxpayer does not comply with this call, the payment has not been made and the Institute will reimburse the payment.
(2) If the maintenance fee due is not paid at the specified amount, the Institute shall invite the taxpayer to pay it back; specify a period of 15 days from the date of receipt of the call. After the time limit has expired, the maintenance fee shall be deemed not to have been paid. The Institute shall repay the payment which it has not received in full to the taxpayer within 30 days of the date of the time limit. Paragraph 4 shall be without prejudice to this.
(3) The maintenance fee may be duly paid not earlier than 1 year before its due date. A maintenance fee which has been paid prematurely shall be recognised by the Institute for duly paid only on the basis of a written request from the taxpayer, if paid at the level laid down by this Law.
(4) If the maintenance fee has not been paid within the prescribed period or if it is paid that it has not been paid in accordance with paragraph 2, the payer may pay it retrospectively within 6 months of its due date. In this case, the taxpayer shall pay a maintenance fee equal to twice the applicable rate.
(1) The Institute shall reimburse the maintenance fee paid if there is no obligation to pay it; This does not apply if, at the request of the taxpayer, pursuant to Article 23f (3) The Institute has recognised a maintenance fee not yet due for duly paid.
(2) The Institute shall, without request, reimburse the taxpayer for the amount by which he paid more for the maintenance fee than he was obliged, if this amount exceeds CZK 50.
(3) The Institute will not refund the maintenance fee paid if, after payment of the maintenance fee, it has been terminated or the rights have been revoked, including the maintenance fee paid prematurely in accordance with Article 23f (3).
Method of payment of maintenance fee
(1) Maintenance fee payable
(a) by transfer without cash from an account held with a bank or branch of a foreign bank or the holder of a postal licence to the relevant account of the Institute;
(b) by the deposit of cash in the register of the Institute; the receipt of payment by the Institute shall be certified,
(c) a check.
(2) The Institute in the Bulletin will publish the account number for the maintenance fees.
Management
(1) Unless otherwise provided for in this law, the maintenance fee may not be:
(a) forgive the delay in payment;
(b) allow the delay with its payment;
(c) authorise its payment in instalments.
(2) Unless otherwise provided for by this law, the provisions of the specific legislation governing the administration of taxes and charges shall apply to proceedings relating to maintenance fees. 13)
Budget identification of maintenance fees
Maintenance fees are the income of the state budget. '
2. In Paragraph 25 (1), the words "administrative fee under a special law 'are replaced by the words" maintenance fee'.
3. The following Annex 3 is added, including the title:
"Annex 3 to Act No. 408 / 2000 Coll.
Maintenance fee box
The maintenance fee for the duration of the protected variety protection rights shall be:
a) for the first year of protection rights 800 CZK,
b) for the second year of protection rights 800 CZK,
(c) for the third year of protection rights 800 CZK,
d) for the fourth year of protection rights 800 CZK,
e) for the fifth year of the duration of the protection rights 1000 CZK,
f) for the sixth year of the duration of the protection rights CZK 1,000,
g) for the seventh year of the term of protection rights 1 000 CZK,
h) for the eighth year of the term of protection rights 1000 CZK,
i) for the ninth year of the term of protection rights CZK 1,200,
j) for the tenth year of the duration of the protection rights 1 200 CZK,
k) for the eleventh year of the term of protection rights 1 200 CZK,
l) for the twelfth year of the term of protection rights CZK 1,200,
m) for the thirteenth year of the term of protection rights CZK 1,500,
n) for the fourteenth year of the duration of protection rights CZK 1,500,
o) for the 15th year of the term of protection rights CZK 1,500,
p) for the 16th year of the term of protection rights CZK 1,500,
r) for the seventeenth year of the duration of protection rights CZK 2,000,
s) for the eighteenth year of the term of protection rights CZK 2,000,
t) for the nineteenth year of the duration of protection rights CZK 2,000,
u) for the 20th year of the term of protection rights CZK 2,000,
v) for each additional year the duration of protection rights CZK 4,000. "
Amendment of the Administrative Charges Act
Act No. 1 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll.
1.
"Heading 88
| Podání žádosti o udělení ochranných práv k odrůdě rostlin (§ 8 a násl. zákona č. 408/2000 Sb., o ochraně práv k odrůdám rostlin a o změně zákona č. 92/1996 Sb., o odrůdách, osivu a sadbě pěstovaných rostlin, ve znění pozdějších předpisů, (zákon o ochraně práv k odrůdám) | Kč 1 000,-“. |
2. entry 89 shall be deleted;
3. Item 90 reads as follows:
"Heading 90
| Podání návrhu na udělení nucené licence (§ 21 zákona č. 408/2000 Sb.) | Kč 3 000,-“. |
4.
"Heading 91
| a) Zápis změny v osobě žadatele (§ 15 zákona č. 408/2000 Sb.) | Kč 500,- |
| b) Zápis smlouvy o převodu ochranných práv k chráněné odrůdě nebo o převodu podílu ochranných práv k chráněné odrůdě (§ 24 zákona č. 408/2000 Sb.) | Kč 1 000,- |
| c) Zápis nucené licence, změny jména, příjmení, obchodního jména, trvalého pobytu nebo sídla držitele šlechtitelských práv nebo poskytnutí licence (§ 26 zákona č. 408/2000 Sb.) | Kč 200,-“. |
TRANSITIONAL PROVISIONS
1. Where the administrative fee for the validity of a breeding certificate has been paid and paid in accordance with the existing legislation before the date of entry into force of this law, it shall be deemed to have been duly paid in accordance with that law for the entire period for which it was paid.
2. Where an administrative fee for the validity of a breeding certificate which is due after the date of entry into force of this Act has been paid in advance, that administrative fee shall be deemed to be a maintenance fee under this Act if it fulfils the conditions laid down by that law.
3. Where the administrative fee for the validity of a breeding certificate which was due before the date of entry into force of this Law has not been paid at the specified amount, the fee holder shall pay the administrative fee in accordance with the existing legislation; the request of the Institute to pay the administrative fee shall be followed in accordance with this Act.
4. If the period for payment of the administrative fee for the validity of a breeding certificate under the existing legislation has expired in vain before the date of entry into force of this act and that administrative fee has been paid under the existing legislation within a further period of 6 months, that administrative fee shall be deemed to be a maintenance fee under that law.
EFFECTIVE
This Act shall take effect on 1 June 2002.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 149 / 2002 Coll., amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Law on the Protection of Variety Rights), and Act No. 368 / 1992 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2002 |
|---|---|
| Effective from | 01.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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