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Plant Breeder's Rights Law.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
An Act to provide for the application for and granting of plant breeders' rights, the registration and protection of such rights, transfer of plant breeders' rights and related matters.
The Law consist of 50 sections divided into 7 Headings: General provisions; The Application for Registration and the Processing Thereof; Period of Validity of Plant Breeder's Right; Termination of a Plant Breeder's Right, etc.; Liability and Obligation to Provide Compensation, etc.; Rules Concerning Legal Procedure; Special Provisions.
This Act shall apply to plant varieties that belong to the plant variety or plant species indicated in the Schedule to this Law. A breeder who has created a plant variety in the country, or his successor in title, may obtain through registration the exclusive right to commercially exploit the variety in accordance with this Law (plant breeders' right). Section 3 sets out criteria for registration of plant breeders' right. Registration under this Law shall be made in the Plant Variety Register, which shall be kept by the National Plant Variety Board. Section 8 provides for variety denomination, which shall enable the plant variety to be distinguished from other varieties. Where anyone proves to the Plant Variety Board that he has a better right to the plant variety than the applicant, the Board shall transfer the application to him if he so requests (sect. 14). A plant breeders' right shall remain valid for twenty years. Where a variety owner has granted to another person the right to commercially exploit the registered plant variety, the licensee may transfer his right only if an agreement has been reached to that effect (sect. 25). Sections 27 and following provide for compulsory licenses to be issued by court.
Notes
Consolidated version of Law SFS No. 392 of 27 May 1971 as amended last by Law SFS No. 262 on 9 May 1985.This Act has been repealed by SFS 1997:306.
Repealed
No
Source language

English

Legislation Amendment
No