Act No. 554 / 2005 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, (Act on the Protection of Variety Rights), as amended
Valid
Law
Effective from 30.12.2005
Text versions:
30.12.2005
Contents
554
THE LAW
of 9 December 2005
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 (Plant Variety Rights Protection Act), 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, 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. and Act No. 377 / 2005 Coll., is amended as follows:
1. Paragraph 1, including footnotes 1 and 1a, reads as follows:
(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 penalties for non-compliance 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 law further provides for the imposition of penalties for infringements of the European Communities' plant variety rights (hereinafter referred to as the Community plant variety right), following the directly applicable regulation (1a).
1) Article 3 of Council Regulation (EC) No 2100 / 94 of 27 July 1994 on Community plant variety rights, as amended.
(1a) Council Regulation (EC) No 2100 / 94. ';
2. in Article 2, the following point (a) is inserted:
"(a) variety defined by the International Convention for the Protection of New Varieties of Plants (2);
2) Communication from the Ministry of Foreign Affairs No. 109 / 2004 Coll. on the access of the Czech Republic to the International Convention for the Protection of New Varieties of Plants, dated 2 December 1961, as revised in Geneva on 10 November 1972, 23 October 1978 and 19 March 1991. '
Points (a) to (g) shall be renumbered (b) to (h).
3. In Article 2 (h), the words "set out in Annex 2 to this Law 'are replaced by the words" 22 hectares'.
4. In Article 3, the following paragraph 5 is added:
"(5) Protection rights may not be granted to a variety granted a Community plant variety right (1a)."
5. footnotes 3 and 6 shall read:
"3) § 2 (b) of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and on the amendment of certain laws (Law on the circulation of seeds and seed).
6) § 22 of Act No. 219 / 2003 Coll. '
6. Paragraph 6, including the title and footnote 4, reads as follows:
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).
4) § 26 of Act No. 219 / 2003 Coll. '.
7. Paragraph 7 (1) reads as follows:
"(1) The same variety shall be used in the Czech Republic by the same name as that used in another Member State or by another member of the Union. '
8. in Article 7 (2) (b):
"(b) identical or interchangeable to the name used for another variety of the same or related species in the Czech Republic, in another Member State or in another member of the Union,"
9.
(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 to 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. '
10. in Article 9 (a):
"(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 which is a member 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, seat or, where applicable, the address of the organisational body in the territory of the Czech Republic, the designation of the legal form, if it is a legal person;"
11. in Article 12 (1), the words "in any Member State" shall be replaced by "in any State which is a member of the Union."
12. in Paragraph 12 (2):
"(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 shall not be taken into account by the Institute if, within 3 months of the application, the applicant fails to provide the Institute with an officially certified copy of the previous application lodged in another State which is a member of the Union. '.
13. in Paragraph 17 (2):
"(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. '.
14. In Article 19 (1), the words "in the Czech Republic" shall be inserted after the words "protected variety."
15. in Article 19 (1) (e) and (f):
"(e) marketing to Member States and exports to third countries,
(f) marketing from Member States and imports from third countries, '.
16. Paragraph 19 (10) to (16) is deleted.
17. The following Sections 19a and 19b are inserted after Article 19, including footnotes 10, 10a to 10c and 11a:
(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 at his request the name and, where applicable, the name, surname, place of business and identification number if it has been assigned, if it is a natural person, or a business name or name, registered office, identification number if it has been assigned, and legal form, if it is a legal person, in writing.
(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, the State Plant Health Administration or the Ministry of Agriculture (hereinafter referred to as the Ministry) information relating to the production, modification or use of farm seed and, 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.
10) Paragraph 2 (2) (d) of the Commercial Code.
10a) Article 5 of the Commercial Code.
10b) § 4 of Act No. 219 / 2003 Coll.
10c) Article 14 of Council Regulation (EC) No 2100 / 94 on Community plant variety rights.
11a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll., Act No. 177 / 2001 Coll., Act No. 350 / 2001 Coll., Act No. 107 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 517 / 2002 Coll. and Act No. 439 / 2004 Coll. '.
18. In Article 20, the following paragraph 3 is added:
"(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. '
19. in Paragraph 21 (1), the words "(hereinafter referred to as" the Ministry ")" shall be deleted;
20. In Article 21, paragraphs 5 and 6 are added, including footnote 11b:
"(5) If the holder of a patent for a biotechnology invention (11b) cannot use that patent without violating the right previously granted to a protected variety, he may apply for a compulsory licence for the non-exclusive use of that variety. The Ministry shall grant the compulsory licence if the holder of the patent has unsuccessfully requested the holder of the breeding rights to consent to the use of the protected variety and if the invention protected by the patent represents important technical progress of significant economic importance compared to the protected variety. The reasons why the invention represents significant technical progress of significant economic importance compared to the protected variety may in particular be improvements in cultivation practices, the environment, procedures to facilitate the use of genetic diversity, improvements in quality, yield, resistance, or improvements in adaptation to specific climatic or environmental conditions. The amount of the corresponding licence fee shall be determined by the Ministry. In this case, the holder of a breeding right shall be entitled to a cross licence (counter-licence) for the use of biotechnology invention11b.
(6) Where a compulsory licence has been granted to holders of breeding rights for the use of biotechnology inventions, the holder of the patent has the right to cross-licence (counter-licence) for the use of the protected variety.
11b) Act No. 206 / 2000 Coll., on the Protection of Biotechnology Inventions and amending Act No. 132 / 1989 Coll., on the Protection of Rights to New Plant Varieties and Animal Breeds, as amended by Act No. 93 / 1996 Coll. Article 12 of Directive 98 / 44 / EC of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnology Inventions. '
21.
Administrative offences
(1) A breeder or processor commits an administrative offence by:
(a) shall not disclose to the holder of the breeding rights, at his request, the particulars referred to in Paragraph 19a (4); or
(b) shall not provide the holder of the breeding rights with the documents referred to in Article 19a (10).
(2) The processor shall commit an administrative offence by not giving the holder of the breeding rights at his request the information referred to in Article 19a (5).
(3) Processors who make adjustments to propagating material of protected varieties pursuant to Article 19a (2) (b) shall commit an administrative offence by failing to declare such activity to the Constitution.
(4) The breeder shall commit an administrative offence by not giving written notice to the holder of the breeding rights at his request the information referred to in Paragraph 19a (6).
(5) The holder of the breeding rights shall commit an administrative offence by not providing the breeder in writing with the information referred to in Paragraph 19a (7).
(6) A fine of up to CZK 500,000 shall be imposed for the administrative offence referred to in paragraphs 1 to 5. "
22. The following Section 22a is inserted after Section 22, including the title and footnote 12:
Common provisions
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.
(4) Administrative offences under this Act shall be dealt with at first instance by the Institute.
(5) Responsibility for the conduct of or direct to the business of a natural person (12) is subject to the provisions of this Act on liability and sanctions of a legal person.
(6) Fines are collected by the Institute and enforced locally by the competent customs office. The income from fines is the income of the state budget.
12) § 2 (2) of the Commercial Code. '
23. in Article 23b, "3" is replaced by "2."
24. The following Section 26a is inserted after Section 26, including footnotes 14a and 14b:
(1) The right to enforce the rights protected by this Act is entitled to:
(a) holder of breeding rights;
(b) the licensee of a protected variety; or
(c) a professional organisation authorised to represent the holders of breeding rights.
The licensee may only enforce rights with the consent of the breeder. The consent shall not be required if the holder of the breeding rights has not itself initiated infringement or threat proceedings within 1 month of receipt of the notification to the acquirer of the infringement or threat to the right.
(2) The person referred to in paragraph 1 (a) to (c) (hereinafter referred to as the "authorised person") may request information on the origin and distribution networks of propagating material or harvested material of a variety or services which infringes the right against a person who has infringed the rights protected by this law or against a person who, for the purposes of direct or indirect economic or commercial benefit:
(a) hold propagating material or harvested material of a variety infringing the law;
(b) use law-breaking services;
(c) provide services used in law-breaking activities; or
(d) have been identified by the person referred to in (a), (b) or (c) as participating in the production, processing, storage or distribution of propagating material or harvested material of a variety or the provision of services.
(3) The information referred to in paragraph 2 shall include:
(a) in the case of a natural person, the name, surname and, where applicable, the trading firm (14a), the place of permanent residence (14b) or residence (14b) and the place of business of the supplier, if different from the place of permanent residence (14b), the legal person (14a), and the registered office and, where applicable, the location of the organisational component in the territory of the Czech Republic of the producer, processor, storer, distributor, supplier or other previous holder of the propagating material or harvested material of the variety;
(b) particulars of the quantity produced, processed, delivered, stored, received or ordered and the price received for the propagating material or the harvested material of the variety or service.
(4) The provisions of paragraphs 2 and 3 remain without prejudice to the provisions of specific legislation, in particular concerning the provision, use and protection of information11a).
14a) Act No. 513 / 1991 Coll., Commercial Code, as amended.
14b) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. "
25. in Article 27 (2), the word "authorised" shall be inserted after the word "may";
26. in Paragraph 27 (3):
"(3) At the request of the authorised person, the competent court may decide that propagating material or harvested material of a variety which has been handled in contravention of the exclusive right of the holder of the breeding rights shall be withdrawn from the market or destroyed unless the infringement could otherwise be removed and destruction would be disproportionate to that infringement. Where measures to remedy are directed towards propagating material or harvested material of a variety which is not owned by a person who infringes the exclusive right of the holder of breeding rights, the court shall take into account the interests of third parties, in particular consumers and persons acting in good faith. ';
27. In Article 27, paragraphs 4 and 5 are added:
"(4) The authorised person may also claim the rights referred to in paragraphs 2 and 3 in court against intermediaries whose funds or services are used by third parties for infringement.
(5) The Court of First Instance may, in the judgment, grant the person whose application has been granted the right to publish the judgment at the expense of the infringer who has failed in the dispute and, where appropriate, to determine the scope, form and manner of publication. '
28. In the second and third sentences of Paragraph 30, "Member State 'is replaced by" member of the Union'.
29. The heading of Annex No 1 reads: "List of plant species (§ 19a (1))."
30. Annex No 2 is deleted.
Annex 3 is renumbered Annex 2.
PERFORMANCE TO DECLARATION OF THE COMPLETE VERSION OF THE LAW
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights (Plant Variety Rights Protection Act), as is apparent from the laws amending it.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v. Sobotka v. r.
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Regulation Information
| Citation | Act No. 554 / 2005 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 (Plant Variety Rights Protection Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2005 |
|---|---|
| Effective from | 30.12.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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