Law on the protection of new plant varieties and animal breeds.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The purpose of the present Law shall be to arrange the relations concerning the creation, protection and use of new plant varieties and animal breeds. The provisions of this law shall apply to: (a) created or discovered and developed, plant varieties of any botanical genus and species, including clone, line, hybrid, and rootstock, irrespective of the method (artificial or natural) of their production; (b) created or discovered and developed, breeds, lines or hybrids of farm animals, irrespective of the method of their production. The Law consists of five Chapters divided into 52 articles dealing with the following matters: general provisions (Chapt. 1); legal protection of plant varieties (Chapt. 2); legal protection of animal breeds (Chapt. 3); dispute settlement (Chapt. 4) and administrative penalty provisions (Chapt. 5). Legal protection for plant varieties is granted when the variety is: (a) new; (b) distinct; (c) homogeneous; (d) stable. The legal protection of a variety shall be provided by a certificate. The certificate attests the existence of a registered plant variety, the priority, the right to authorship and the exclusive right of the certificate owner on the variety. The certificate shall be granted by the Patent Office after an expert examination of the variety - object of the application. The certificate has a duration limit as from its date of grant: (a) 30 years for tree and vine varieties; (b) 25 years for all other varieties. The application for an animal breed certificate is filed with the Patent Office and is entered into the Register of animal breeds applications, whereupon examination is performed by the State Breed Commission. The State Breed Commission studies and analyses the following specific requirements: (a) breeding purpose; (b) brief characteristics of the initial breeds; (c) description of the methods for the creation of the breeds; (d) productive qualities and morphological features of the breeds; (e) adaptability and resistance against diseases; (f) number, race and genealogical structure; and (g) region of distribution. The legal protection of animal breeds shall be provided by a certificate, which has duration of 30 years from the date of its grant.
Attached files
Entry into force notes
The Law entered into force on 5 January 1997.
Notes
Consolidated version
Repealed
No
Publication reference
Official Gazette of the Republic of Bulgaria 84/1996-92/2020
Source language
English
Legislation Amendment
No
Original title
Закон за закрила на новите сортове растения и породи животни.