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Act on plant novelties.

Type of law
Date of original text

A variety of cultivated plants may be protected as a plant novelty if it meets the criteria set out in article 1 of this Act. The same article sets out criteria for a breeder or any person who has acquired the rights in the variety to be entitled to obtain protection for a variety. The Minister for Agriculture may, in exceptional cases, approve the protection of a variety, which does not satisfy the condition laid down in article 1 if it is found to be in the interest of the agricultural economy. Articles 3 to 8 provide for procedures of application for entry of a variety in the Register of Plant Novelties, whereas articles 9 to 15 provide for examination of applications and examination. A plant novelty may be used for the purpose of commercial propagation with a view to selling propagating material only with the permission of the variety owner, and only under the terms and conditions specified by him, including terms and conditions concerning payment of a royalty art. These terms and conditions may only concern the commercial propagation of the plant novelty, the offers for sale and the sale of propagating material thereof, including the royalty. The terms and conditions shall be reasonable and identical for all producers (art. 19). The Minister for Agriculture shall set up a board, the Board for Plant Novelties, to administer the provisions of Chapters 2 and 3, and a board, the Terms Board for Plant Novelties, to deal with disputes concerning terms and conditions of licences.
Date of consolidation/reprint
The Act does not apply to Greenland and the Faeroe Islands.
Serial Imprint
PVP Gazette No. 87 of March 2000.
Source language


Legislation status
in force
Legislation Amendment
Original title
Bekendtg relse af lov om plantenyheder.