Plant Breeder’s Right Act (No. 1279 of 2009).

This Act establishes the legal framework for granting and protecting plant breeders’ rights in Finland. It applies to all botanical genera and species and aligns with EU law, particularly Council Regulation (EC) No 2100/94 on Community plant variety rights. A plant breeder’s right grants exclusive authority over the professional production and marketing of propagating material of a protected variety, including rights over essentially derived varieties and certain harvested materials. Protection is granted if a variety is novel, distinct, uniform, and stable. The Finnish Food Safety Authority (Evira) is responsible for examining applications, maintaining the register, and granting rights, which may remain valid for up to 30 years subject to annual fees. The Act also regulates variety denominations, priority rights, provisional protection during application, and the circumstances in which rights may lapse, be annulled, or forfeited.
The Act contains important exceptions and enforcement mechanisms. Farmers may reuse seed from certain protected varieties on their own holdings upon payment of reduced remuneration, with small farmers benefiting from limited exemptions. Rights are subject to exhaustion once material is lawfully marketed in Finland, and compulsory licences may be granted in cases of insufficient market supply. The Act provides civil remedies such as injunctions, damages, surrender of infringing material, and publication of judgments, as well as criminal penalties for intentional infringement or misuse of protected information. Jurisdiction lies primarily with the Market Court and, in criminal matters, the Helsinki District Court. Overall, the legislation balances breeders’ intellectual property protection with agricultural practice, public interest considerations, and EU obligations.