Law on the Protection of Plant Breeders' Rights.
Country
Type of law
Legislation
Date of original text
Abstract
Any person who has created a plant novelty through plant breeding in Denmark, or any person to whom the breeder's right has been lawfully transferred, may obtain the protection of the breeder's right in accordance with the provisions of this Law. A plant breeders' right may be protected only where the conditions set out in article 1 are fulfilled. Applications for protection shall be decided upon by the Board for Plant Novelties set up by the Minister of Agriculture under section 4. The Board for Plant Novelties shall keep a Journal, in which applications for protection shall be entered in chronological order immediately upon receipt, as well as a Register of Plant Novelties. Articles 6 and 7 concern the application for the registration of a right. Before the plant novelty which is the subject of an application may be entered in the Register of Plant Novelties, it shall be established, by means of test growing organized by the Board for Plant Novelties, that the plant novelty fulfils the conditions laid down in article 1 and that it possesses the specific features mentioned in the application art. (9). Article 12 provides for the duration of a plant breeders' right. Protected plant novelties may be freely used for actual breeding work. Article 16 concerns removal of a right from the register. For the settlement of the disputes referred to in articles 15a(2) and 15c(2), the Minister of Agriculture shall set up the Terms Board for Plant Novelties (art. 19). (21 sections)
Attached files
Date of consolidation/reprint
Notes
Consolidated Text of Law No. 205 of 16 June 1962, as Amended by Law No. 169 of 15 May 1968, Law No. 197 of 29 March 1974, and Law No. 131 of 25 March 1981.This Law shall not extend to the Faeroe Islands or Greenland.
Repealed
Yes
Source language
English
Legislation status
repealed
Legislation Amendment
No
Implemented by
Repealed by