Act No. 408 / 2000 Coll.
Act on the Protection of Plant Variety Rights and the Amendment to Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended (Act on the Protection of Variety Rights)
Valid
Law
Effective from 01.02.2001
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
HLAVA III
§ 8
§ 9
§ 10
§ 11
§ 12
§ 12a
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA IV
§ 19
§ 19a
§ 19b
§ 20
§ 21
HLAVA V
§ 22
§ 22a
HLAVA VI
§ 23
§ 23a
§ 23b
§ 23c
§ 23d
§ 23e
§ 23f
§ 23g
§ 23h
§ 23i
§ 23j
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
§ 29
§ 30
§ 31
ČÁST TŘETÍ
§ 33
ČÁST ČTVRTÁ
§ 34
Zobrazeno prvních 200 z celkem 391 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
408
THE LAW
of 25 October 2000
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)
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
(1) This Act provides for:
(a) the rights and obligations for plant varieties protected under this law;
(b) the competence and competence of the authorities exercising public administration in the field of conservation rights for varieties;
(c) the procedure for granting protection rights,
(d) checking the maintenance of varieties; and
(e) the imposition of administrative penalties for failure to comply with the obligations laid down by this Act, which the directly applicable regulation of the European Communities (1) entrusts to individual Member States of the European Union (hereinafter referred to as the "Member State").
(2) This Act further provides for the imposition of penalties for infringements of the European Communities' plant variety rights (hereinafter referred to as "Community plant variety right") following the directly applicable regulation of the European Communities (1a) and incorporates the relevant European Communities Regulation (b).
Basic concepts
For the purposes of this Act:
(a) a variety defined by the International Convention for the Protection of New Varieties of Plants (2);
(b) the protection rights of plant variety rights and obligations resulting from a final decision of the Central Control and Examination Institute of Agriculture (hereinafter referred to as the Institute);
(c) the holder of the breeding rights of the breeder who has been granted the protection rights of the variety or his successor in title;
(d) by a breeder, a natural or legal person who has bred or discovered and perfected the variety (hereinafter "created"), or a person for whom a variety has been created in the course of the performance of tasks arising from an employment relationship or other similar relationship, unless otherwise provided in a written contract between them; the breeder shall also be regarded as the breeder's legal successor,
(e) a protected variety covered by the rights granted under this law,
(f) Member of the Union State or intergovernmental organisations which are members of the Union for the protection of new plant varieties, 2)
(g) a list of the applications for protection in respect of the variety to which the particulars referred to in Article 9 (a) to (c) are entered;
(h) by a small grower who carries on an arable agricultural production of up to 22 hectares.
CONDITIONS FOR THE GRANTING OF PROTECTION RIGHTS
(1) Protection rights may be granted for varieties of all genera and plant species, including their hybrids (hereinafter referred to as varieties).
(2) Protection rights may be granted to a variety which fulfils the conditions of:
(a) novelty,
(b) differences;
(c) uniformity; and
(d) stability.
(3) The name of the variety must comply with the conditions laid down in this Act (Section 7).
(4) Protection rights are granted and the obligations relating to their granting are laid down by the Institute if the criteria laid down in this Law are met.
(5) Protection rights may not be granted to a variety granted a Community plant variety right (1a).
Newness of varieties
(1) The variety complies with the condition of novelty if, at the date on which the application for protection was submitted, its propagating material (3) or material from the harvest of the variety (hereinafter referred to as "harvested material") has not been sold or otherwise made available to other persons, with the consent of the breeder.
(a) in the territory of the Czech Republic more than one year before the application was lodged; or
(b) outside the territory of the Czech Republic more than four years before the application or, if it is a variety of trees or vines, more than six years before the application.
(2) The provision of a variety for use by other persons referred to in paragraph 1 shall not be considered as:
(a) where the breeder supplies propagating material or harvested variety material:
1. in order to fulfil the obligations arising from a specific legislation, (4); or
2. to another person, on the basis of a contractual relationship, exclusively for the production, propagation, modification or storage of the variety, provided that the breeder retains the exclusive right to continue the treatment of the variety material; However, if the propagating material of the variety has been repeatedly used for the production of a hybrid variety the material of which has been sold or otherwise provided, such use of the propagating material of the variety shall be considered to be the provision of a variety for use by other persons; or
(b) if the breeder sells or otherwise provides, without designation of the variety, propagating material or harvested material obtained from plants grown for research purposes or for the creation of other varieties and not used for further propagation; or
(c) where the breeder has issued the variety under the international contract (5) at the international exhibition.
Variety
(1) A variety fulfils the condition of being different if it is clearly different from any other variety which is generally known on the day on which the application for protection is submitted by at least one character resulting from its genotype or a combination of genotypes.
(2) Varieties shall be considered as generally known.
(a) protected in the Czech Republic or abroad,
(b) entered in the official list (6) in the Czech Republic or in a similar list abroad;
(c) for which an application has been made in the Czech Republic for the grant of protection rights or for entry on the official list, provided that the application is granted,
(d) where an application for protection or entry on an official list has been lodged abroad, provided that the application is granted; or
(e) offered for sale or sold in the Czech Republic or abroad.
Uniformity and stability of the variety
The variety complies with the conditions of uniformity and stability if it complies with the requirements for uniformity and stability of the variety laid down by specific legislation4).
Variety name
(1) For the same variety, the same name as that used in another Member State or another member of the Union shall be used in the Czech Republic. This shall not apply where the name is contrary to the provisions of paragraph 2.
(2) In cases where the variety denomination is not admissible, the directly applicable European Union15 regulation is regulated).
MANAGEMENT OF PROTECTION RIGHTS FOR PLANTS
(1) A breeder who is a citizen of the Czech Republic, another Member State or another member of the Union or a person established in the territory of the Czech Republic, another Member State or another Member State or another Member of the Union shall be entitled to submit an application for protection in respect of a variety ("application"). More than one applicant may submit an application together.
(2) The application may also be lodged by a natural person who is a citizen of a State or who is established in the territory of a State who provides similar protection for persons from a Member State or from members of the Union for varieties of the same degree of botanical classification as well as by a legal person having its registered office in that State.
The application shall contain:
(a) the name and, where applicable, the name, surname and permanent residence of the applicant, if he is a citizen of the Czech Republic, the address of residence in another Member State or in a Member State of the Union, if he is a citizen of another Member State or of a Member State which is a member of the Union, or the name or business name, registered or, where applicable, the address of the organisational body in the territory of the Czech Republic, the indication of the legal form, if any, of a legal person;
(b) the Latin and Czech names of the species, or any other degree of botanical classification,
(c) a proposal for a name or a preliminary designation of the variety;
(d) details of all previous applications for protection in respect of the variety concerned;
(e) details of the previous use of the variety;
(f) a description of the variety;
(g) information on who is the maintenance of the variety and where maintenance is carried out.
Protection rights in respect of a variety may be granted to a breeder who has submitted an application to the Institute for the grant of such rights. Where more than one breeder has taken part in the creation of a variety together, they shall share the protection rights granted to the protected variety equally, unless they have otherwise agreed between them in writing.
The Institute shall enter the application in the list of applications in the order in which it was received.
(1) Where more than one application for protection is submitted to the Institute for the same variety, those rights may be granted only to the applicant who made the application first; the right of priority resulting from the earlier application in any State which is a member of the Union should be recognised when the above conditions are fulfilled.
(2) If an applicant submits an application in another member of the Union before submitting an application in the Czech Republic, the applicant shall, after applying for the same variety in the Czech Republic for a period of 12 months from the submission of an earlier application in another member of the Union, enjoy a right of preference (2) if he has exercised that right in the application submitted by the Constitution. The priority of the Institute shall not be taken into account if, within 3 months of the application of the Institute, the applicant does not provide an officially certified copy of the previous application lodged in another State which is a member of the Union.
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.
(1) The Institute shall publish in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute ("Bulletin")
(a) notifications of applications submitted in the order of the date on which the application was lodged and details of the applicant's person (Article 9 (a));
(b) an amendment to the proposed variety denomination or to the proposed variety denomination where the application contained only a preliminary denomination of the variety (§ 9 (c)).
(2) Anyone may object to the Constitution
(a) applications submitted no later than the date of the decision;
(b) a proposal for a variety name no later than 3 months after its publication in the Bulletin.
(3) Objections may be made 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.
(5) The objection referred to in paragraph 2 shall be settled by the Institute at the latest by the date of the decision. The Institute shall decide on the objections.
(1) The Institute shall examine whether the variety complies with the requirements of novelty, diversity, uniformity, stability and the proposed name complies with the conditions laid down in Section 7. The Institute may make use of the results of tests for differences, uniformity and stability established by professional centres abroad when assessing varieties.
(2) The applicant must:
(a) the Institute shall supply free of charge the material of the variety necessary for the examination of the variety referred to in paragraph 1 within a reasonable period to be determined by the Institute;
(b) the Institute shall pay the necessary costs incurred for professional activities connected with the procedure for granting protection rights.
(3) If there are obstacles to further proceedings, the Institute shall invite the applicant to remove the obstacles and shall set a reasonable time limit; At the same time, it shall inform the applicant that it will reject the application if the obstacles are not removed.
Modification of the applicant's person
During the procedure for granting the plant variety protection rights, an amendment may be made to the person of the applicant only with his consent.
Breeding certificate
(1) The Institute shall grant the applicant protection rights in respect of the variety and approve the proposed variety denomination by issuing a breeding certificate, provided that the conditions laid down in this Law are fulfilled.
(2) The breeding certificate shall bear the designation of the species to which the variety belongs, the variety name, name, surname, permanent residence or trade name, the registered office and legal form of the holder of the breeding rights. The breeding certificate shall include a description of the variety drawn up on the basis of the results of the tests for the diversity, uniformity and stability of the variety.
Use of the variety name
(1) Anyone offering or providing for the use of a protected variety or variety referred to in Article 19 (4) shall be required to use an approved variety name. Where that name is used in writing together with a trade mark, trade mark or other similar mark, it shall be clearly identifiable from that marking.
(2) The name of a protected variety or variety protected in another Member State or in another Member State which is a member of the Union or a name with that name shall not be used for another variety of the same or related species.
(3) The provisions of paragraph 1 shall also apply to the period after the expiry of the term of protection. The provisions of paragraph 2 shall also apply to the period after the expiry of the protection rights only in the case of the name of a variety of particular importance.
Control of the maintenance of the variety
(1) The holder of the breeding rights shall ensure that the protected variety is maintained throughout the duration of the protection rights in such a way that the characteristics by which it is defined remain unchanged.
(2) The control of the maintenance of the protected variety shall be carried out by verification tests by the Institute.
(3) At the invitation of the Institute, the holder of the breeding rights shall, within a reasonable period of time set by the Institute, supply free of charge the material of the protected variety necessary for carrying out the verification tests and communicate all the information necessary to assess the continued existence of the protected variety.
SCOPE OF PROTECTION RIGHTS
(1) The holder of breeding rights has the exclusive right to benefit from a protected variety in the territory of the Czech Republic, which consists in the authorisation to dispose of propagating material of such varieties in the following ways:
(a) production or propagation;
(b) arrangements for propagation;
(c) offering for sale;
(d) selling or otherwise putting into circulation, 9)
(e) marketing to Member States and exports to third countries,
(f) marketing from Member States and imports from third countries,
(g) storage for the purposes referred to in (a) to (f).
(2) The holder of the breeding rights may consent to the use of a protected variety (hereinafter referred to as "licence") to another person; the licence shall be provided by a written contract which shall include an agreement on the price of the licence.
(3) The provisions of paragraphs 1 and 2 shall also apply to the harvested material of a protected variety, including whole plants and parts of plants, provided that it has been obtained from propagating material of a protected variety without a licence from the holder of the breeding rights which could not exercise those rights in respect of that propagating material.
(4) The provisions of paragraphs 1 to 3 shall also apply to:
(a) varieties which are essentially derived from a protected variety;
(b) varieties which are not different from the protected variety;
(c) varieties whose production requires repeated use of the protected variety.
(5) Where the protected variety itself is essentially a derived variety, the exclusive right of the holder of the breeding rights to such variety shall not apply to varieties derived from it.
(6) Varieties shall be considered as essentially derived from another variety (hereinafter referred to as "the original variety") if:
(a) are mainly derived from the original variety or from a variety which is essentially derived from the original variety,
(b) are different from the original variety; and
(c) except for the differences resulting from the derivation, they are substantially identical to the original variety in the expression of the characteristics resulting from the genotype or combination of the genotypes of the original variety.
(7) Essentially derived varieties may be obtained in particular by the selection of natural or induced mutations or somaclonal variations, the selection of a different individual from the plants of the original variety, the re-crossing or transformation of genetic engineering methods.
(8) Where, in principle, a derived variety is a protected variety, the right of the holder of the breeding rights of the variety original to that essentially derived variety shall be limited to the right to grant the holder of the breeding rights of that variety a licence for its use. The holder of a variety of breeding rights essentially derived may only use that variety with the licence of the original variety holder.
(9) Protection rights are not infringed (paragraph 1)
(a) research;
(b) the creation of other varieties and the handling of such varieties, with the exception of those referred to in paragraph 4;
(c) for personal use by a natural person.
(1) A person operating in an agricultural production10) (hereinafter referred to as "grower") is entitled, for the species of plants listed in Annex 1 to this Act, to use protected varieties without the consent of the holder of the breeding rights for farming in his own production10a) on arable land owned, rented or sublet, with the exception of hybrid or synthetic varieties (hereinafter referred to as "farmer seed," where appropriate, seed, or seed, "). Farming seed potatoes means propagating material of a protected variety obtained directly from the cultivation of recognised propagating material of a protected variety.
(2) For the use of farm seed and, where appropriate, seed seed referred to in paragraph 1, the grower:
(a) is not limited in quantity to the extent of its production activity on the land used by it for the purposes of its business;
(b) may adjust the agricultural seed and, where appropriate, the seed for further sowing and planting, either alone or through a person who modifies such materialbusiness10) (hereinafter referred to as "the processor"); the processor must make an adjustment to ensure the identity of the product to be treated with the product resulting from the adjustment;
(c) it must pay to the holder of a breeding right an appropriate remuneration of 10c for the use of farm seed or, where appropriate, seed planting or planting, which generally amounts to 50% of the normal price of the licence for certified propagating material of the variety concerned; an appropriate remuneration shall be paid by the grower no later than 6 months after the date of the obligation. The obligation to pay an appropriate remuneration for the use of farm seed or seed shall not apply to small growers.
(3) The holder of the breeding rights shall be entitled to require from the breeder and processor the necessary information relating to the seed used or treated by him or her or to the seed of the variety for which the holder of the breeding rights has been granted protection rights in writing.
(4) The breeder and processor shall, at his request, communicate to the holder of the breeding rights the name or, where applicable, the name, surname, place of business and the identification number of the person (hereinafter referred to as the "identification number ') if it has been allocated, if it is for a natural person, or a business name or name, seat, identification number, if it has been allocated, and in writing, the legal form, if it is for a legal person.
(5) The processor shall also communicate to the holder of the breeding rights, at his request, the quantity of agricultural seed and, where appropriate, the seed delivered to him for processing as well as the resulting quantity of seed and, where appropriate, of the seed, and the date, place and identification of the person for whom the adjustment was made, in writing.
(6) The breeder is obliged to inform the breeder in writing at his request
(a) particulars of the extent of use of the agricultural seed and, where appropriate, of the planting, including the extent of use of certified propagating material of the variety concerned;
(b) the details of the processor who has made the adjustment referred to in paragraph 2 (b) for him in the event that he has not prepared the agricultural seed or, where appropriate, the seed himself.
(7) The holder of the breeding rights shall, at his request, provide the breeder with written information on the amount of:
(a) the remuneration he shall require under paragraph 2 (c);
(b) the normal prices of the licence in the relevant calendar year for the variety concerned.
(8) The holder of the breeding rights shall be entitled to request from the Institute or the Ministry of Agriculture (hereinafter referred to as "the Ministry ') information relating to the production, modification or use of farm seed or, where appropriate, seed for the variety in which he holds the breeding rights; the provision of information may be withheld if:
(a) the information could not be obtained as part of the normal activities of the competent administrative authority;
(b) information can only be obtained with additional costs; or
(c) its provision infringed the specific legislation11a).
(9) The propagating material of the protected variety shall not be moved from the grower for processing without the prior consent of the breeder; consent shall not be required when the propagating material is transferred to a processor for the purpose of adjusting the agricultural seed, which is registered in accordance with Article 19b (2).
(10) Both the breeder and the processor shall provide the holder of the breeding rights at his written request with a document certifying the information communicated by him pursuant to paragraphs 4 to 6.
(11) The holder of the breeding rights shall be entitled to require the information referred to in paragraphs 3 to 6 and 8 and to fulfil the obligations referred to in paragraph 10, in the current calendar year and for a maximum of 3 preceding calendar years.
(12) A breeder who receives information pursuant to paragraphs 3 to 6 and 8 shall not be entitled, without the prior consent of the person who provided it, to transfer it to another person or to use it for purposes other than the exercise of the right protected by this law.
Notification
(1) The processor intending to modify the propagating material of protected varieties referred to in Article 19a (2) (b) must declare this activity in writing before commencing.
(2) The Institute shall keep a list of processors referred to in paragraph 1 on the basis of a written declaration containing:
(a) in the case of natural persons, the name and, where applicable, the name, surname, identification number, if any, if any, the place of permanent residence, address of residence abroad and place of business;
(b) in the case of legal persons, the business name, the identification number, if any, and the registered office.
(3) The Institute publishes annually a list of processors in the Bulletin.
(1) Protection rights do not apply to the treatment of material of a protected variety or variety pursuant to Paragraph 19 (4), which has been sold or otherwise put into circulation in the Czech Republic by the holder of the breeding rights or with his licence, or to the treatment which relates to each of its derived materials, unless:
(a) further propagation of those varieties; or
(b) the export to a country which does not protect the plant variety or species to which the variety belongs, of material of these varieties which permits their further propagation; This does not apply if this material is intended for final consumption.
(2) The material of the variety referred to in paragraph 1 shall be:
(a) any propagating material of a protected variety;
(b) the material of the protected variety harvested.
(3) Where a Community plant variety right has been granted for a variety protected under this law, protection rights granted under this law may not be exercised for the duration of the Community plant variety right in force.
Forced licence
(1) The Ministry of Agriculture may grant one or more persons, on their proposal, a compulsory licence for the use of a protected variety in accordance with the arrangements laid down in Article 19 (1), provided that the holder of the breeding rights refuses to grant a licence or licence to the extent necessary for that use and that such use is in the public interest. The Ministry shall notify the Constitution of the grant of the compulsory licence.
(2) When granting a compulsory licence, the Ministry shall determine the terms, duration and extent of the exercise of the exploitation, including the normal price of the licence belonging to the holder of the breeding rights.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
HLAVA III
§ 8
§ 9
§ 10
§ 11
§ 12
§ 12a
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA IV
§ 19
§ 19a
§ 19b
§ 20
§ 21
HLAVA V
§ 22
§ 22a
HLAVA VI
§ 23
§ 23a
§ 23b
§ 23c
§ 23d
§ 23e
§ 23f
§ 23g
§ 23h
§ 23i
§ 23j
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
§ 29
§ 30
§ 31
ČÁST TŘETÍ
§ 33
ČÁST ČTVRTÁ
§ 34
Sign in for notes, favorites and notifications
Regulation Information
| Citation | 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) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.2000 |
|---|---|
| Effective from | 01.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0