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Presidential Decree No. 321/2001 adapting the Greek legislative frame to Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions.

Country
Type of law
Regulation
Source

Abstract
This Decree aims at adapting the Greek legislative frame to Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions. For the purpose of implementing this Decree, a process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection; the concept of plant variety is defined by article 5 of Regulation (EC) No. 2100/94 (article 2). Among certain other inventions, processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and animals resulting from such processes shall be unpatentable (article 5). By way of derogation from Articles 6 and 7, the sale or other form of commercialisation of plant propagating material to a farmer by the holder of the patent or with his consent for agricultural use implies authorisation for the farmer to use the product of his harvest for propagation or multiplication by him on his own farm, the extent and conditions of this derogation corresponding to those under article 14 of Regulation (EC) No. 2100/94. Likewise, by way of derogation from articles 6 and 7, the sale or any other form of commercialisation of breeding stock or other animal reproductive material to a farmer by the holder of the patent or with his consent implies authorisation for the farmer to use the protected livestock for an agricultural purpose. This includes making the animal or other animal reproductive material available for the purposes of pursuing his agricultural activity but not sale within the framework or for the purpose of a commercial reproduction activity (article 9). Where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he may apply for a compulsory licence for non-exclusive use of the invention protected by the patent in as much as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. Where such a licence is granted, the holder of the patent will be entitled to a cross-licence on reasonable terms to use the protected variety. The authority responsible for granting the licence referred to is the Court specified in article 13, par. 10 of Law No. 1733/1987. Where a licence for a plant variety can be granted, only by the Community Plant Variety Office, in such case article 29 of Regulation (EC) No. 2100/94 shall apply (article 10). In article 13 is stated that the Industrial Property Organisation (OBI) shall be responsible for the implementation of the provisions of this Decree (article 1 of Law No. 1722/1987).
Date of text
Entry into force notes
The Decree shall enter into force on the day of its publication in the Official Gazette.
Repealed
No
Serial Imprint
Efimeris tis Kyverniseos No. 1113, Part II, 3 June 2011, pp. 16149 and 16150.
Source language

English

Legislation Amendment
No
Original title
. 321/2001. 98/44/ .