Act No. 184 / 2008 Coll.
Act amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and on the Amendment to Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Law on the Protection of Variety Rights), as amended, and Act No. 6 / 2002 Coll., on Courts, Judgments, Addresses and Government Administration of Courts, and on the amendment of certain other laws (Law on Courts and Courts), as amended
Valid
Law
Effective from 01.07.2008
Text versions:
01.07.2008
28.05.2008
184
THE LAW
of 24 April 2008
amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and on the Amendment to Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Law on the Protection of Variety Rights), as amended, and Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts, and on the amendment of certain other laws (Law on Courts and Courts), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Law 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, (Act on the Protection of Variety Rights), as amended, as amended, as amended, Act No. 147 / 2002 Coll., Act No. 149 / 2002 Coll., Act No. 219 / 2003 Coll., Act No. 377 / 2005 Coll., Act No. 444 / 2005 Coll. and Act No. 554 / 2005 Coll., is amended as follows:
1. At the end of paragraph 2, the words "and incorporating the relevant Regulation of the European Community1b) 'shall be added in Paragraph 1.
footnote 1b:
"(1b) Directive 2004 / 48 / EC of the European Parliament and of the Council of 29 April 2004 on the respect of intellectual property rights.";
2. In footnote 6, "22 'is replaced by" 32'.
Article 3 (11) reads:
The Institute shall enter the application in the list of applications in the order in which it was received. ';
4. The following Section 12a is inserted after Section 12, including footnote 7:
An application for a Community plant variety right (7) may be made through the Constitution. The Institute shall indicate on the application the date on which the application was submitted to it.
7) Article 49 of Council Regulation (EC) No 2100 / 94. '
5. in Article 13 (2) (a), the words "under Article 11 (2) or Article 16" shall be deleted;
6. In Paragraph 13, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Any objection may be lodged only on the grounds that:
(a) the conditions set out in paragraphs 4 to 6 or 8 are not fulfilled;
(b) there is an obstacle to the admissibility of the proposed name pursuant to Article 7 (2).
(4) The objections must be made in writing and must contain:
(a) the name and, where applicable, the name, surname and residence of the natural person, or the business name or name, registered office or, where applicable, the address of the organisational body in the Czech Republic and the designation of the legal form of the legal person submitting the opposition;
(b) identification of the object of the objection;
(c) the statement of reasons for the objection, including evidence proving the merits of the objection.
Paragraph 3 shall become paragraph 5.
7. In Article 13 (5), the words "until issue 'are replaced by the words" until the date of issue', the words "pursuant to Article 11 (2) or Article 16 'and the part of the sentence of the second sentence after the semicolon is deleted.
8. In Article 14 (1), the words "If the formalities and requirements referred to in Article 11 (1) are fulfilled," shall be deleted.
9. In Article 16 (1), the words "otherwise the proceedings shall cease 'shall be deleted.
10. in Article 21 (5) and (6), the words "owner of the patent" are replaced by the words "owner of the patent."
11. in Article 23e (2), the words "first maintenance" shall be replaced by the words "maintenance," the words "annual" shall be inserted after the words "after a calendar month"; the words "identical to the name of the calendar month" shall be inserted after the words "monthly."
12. in Article 23e, paragraph 3 is deleted;
13. in Article 23i (1), the words "Unless otherwise provided for in this law, the maintenance fee" shall not be replaced by the words "No maintenance fee."
14. In Paragraph 28 (3), the word "decision 'is replaced by" decision'.
15. in Paragraph 28, paragraphs 1, 2 and 4 are deleted and paragraph 3 is deleted;
16. Annex No 1, including the title, reads:
"Annex No 1 to Act No. 408 / 2000 Coll.
List of plant species (§ 19a (1))
| a) obilniny: | |
| Avena sativa L. | oves |
| Hordeum vulgare L. | ječmen |
| Secale cereale L. | žito |
| x Triticosecale Wittm. ex A. Camus | tritikale |
| Triticum aestivum L. | pšenice setá |
| Triticum durum Desf. | pšenice tvrdá |
| Triticum spelta L. | pšenice špalda |
| b) krmné rostliny: | |
| Lupinus luteus L. | lupina žlutá |
| Medicago sativa L. | vojtěška setá |
| Pisum sativum L. | hrách |
| Trifolium alexandrinum L. | jetel alexandrijský |
| Trifolium resupinatum L. | jetel perský |
| Vicia faba L. | bob |
| Vicia sativa L. | vikev setá |
| c) brambor: | |
| Solanum tuberosum L. | brambor |
| d) olejniny a přadné rostliny: | |
| Brassica napus L. var. napus | řepka |
| Brassica rapa L. | řepice |
| Linum usitatissimum L. | len (vyjma lnu přadného)“. |
Transitional provision
Proceedings which were not completed by the date of entry into force of this Act shall be completed and the rights and obligations arising therefrom shall be assessed in accordance with existing legislation. If the decision has been revoked and returned for reconsideration before the date of entry into force of this Act, the present legislation shall be followed.
Amendment of the Law on Courts and Judges
In Article 39 (2) of Act No. 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended by Act No. 441 / 2003 Coll., Act No. 79 / 2006 Coll., and Act No. 221 / 2006 Coll., the words "and the protection of the rights of varieties (1b) shall be inserted after the word" owners1a) '.
footnote 1b:
"1b) 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, (Act on the Protection of Variety Rights), as amended by Act No. 147 / 2002 Coll., Act No. 149 / 2002 Coll., Act No. 219 / 2003 Coll., Act No. 377 / 2005 Coll., Act No. 444 / 2005 Coll. and Act No. 554 / 2005 Coll. '.
EFFECTIVE
This Act shall take effect on 1 July 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 184 / 2008 Coll., amending Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and on the Amendment to Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended, (Law on the Protection of Variety Rights), as amended, and Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts, and on the amendment of certain other laws (Law on Courts and Judges), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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