Plant Varieties Protection Law.

This Law regulates plant varieties protection. The Law shall be applied to all varieties of plant genus and species (including hybrids). A variety is an aggregate of cultivated plants which is included in the last position within the limits of a botanical taxon (botanical system) irrespective of whether the requirements for granting the breeder’s right have been fully complied with. It may be defined as a manifestation characterising a genetic type or a combination of genetic types, as an aggregate that differs from any another aggregate of plants with at least one specific characteristic. A variety shall be regarded as a unit that remains constant when propagated. The purpose of this Law is to specify the procedures for granting the breeder’s right and to ensure the protection of breeder’s rights. The Law further provides for application for granting the breeder’s right and examination thereof; breeder’s right; loss of effect and cancellation of breeder’s right; and liability for infringement of breeder’s right. A breeder (a natural person), irrespective of who is the owner of breeder's right, has personal rights, which shall not be transferred to other persons and inherited. These are rights: (a) to be mentioned in materials and publications regarding the relevant variety, as well as the certificate regarding the granting of a breeder's right; (b) to submit a proposal for the denomination of a variety; and (c) to apply for an equitable remuneration for the utilisation of a variety in cases provided for in a contract entered into with an employer.