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Act on plant novelties.

Country/Territory
Denmark
Document type
Legislation
Date
1987 (2020)
Source
FAO, FAOLEX
Original source
PVP Gazette No. 87 of March 2000.
Subject
Cultivated plants
Keyword
Plant production Breeders' rights/farmers' rights Intellectual property rights/patents Planting material/seeds Authorization/permit Registration Basic legislation
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Sea, North-East Atlantic, Northern Europe
Abstract

A variety of cultivated plants may be protected as a plant novelty if it meets the criteria set out in article 1 of this Act. The same article sets out criteria for a breeder or any person who has acquired the rights in the variety to be entitled to obtain protection for a variety. The Minister for Agriculture may, in exceptional cases, approve the protection of a variety, which does not satisfy the condition laid down in article 1 if it is found to be in the interest of the agricultural economy. Articles 3 to 8 provide for procedures of application for entry of a variety in the Register of Plant Novelties, whereas articles 9 to 15 provide for examination of applications and examination. A plant novelty may be used for the purpose of commercial propagation with a view to selling propagating material only with the permission of the variety owner, and only under the terms and conditions specified by him, including terms and conditions concerning payment of a royalty art. These terms and conditions may only concern the commercial propagation of the plant novelty, the offers for sale and the sale of propagating material thereof, including the royalty. The terms and conditions shall be reasonable and identical for all producers (art. 19). The Minister for Agriculture shall set up a board, the Board for Plant Novelties, to administer the provisions of Chapters 2 and 3, and a board, the Terms Board for Plant Novelties, to deal with disputes concerning terms and conditions of licences.

Full text
English/Danish
Website
www.retsinfo.dk; www.retsinformation.dk

References - Legislation

Implements

Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions.

Legislation | European Union | 1998

Keyword: Intellectual property rights/patents, Biotechnology, Breeders' rights/farmers' rights, Plant variety, Royalties/fees, Data collection/reporting

Source: FAO, FAOLEX

Repeals

Law on the Protection of Plant Breeders' Rights.

Legislation | Denmark | 1962 (1981)

Keyword: Plant production, Breeders' rights/farmers' rights, Biotechnology, Intellectual property rights/patents, Planting material/seeds, Authorization/permit, Registration, Basic legislation

Source: FAO, FAOLEX

Amended by

Act amending the Act on the administration of EU regulated organization of agricultural markets and other Acts ((No. 967 of 2002).

Legislation | Denmark | 2002

Keyword: Legal proceedings/administrative proceedings, Policy/planning, Farming, Internal trade, Agricultural development, Agricultural commodities

Source: FAO, FAOLEX

Act relevant to taxation (No. 1336 of 2008).

Legislation | Denmark | 2008

Keyword: Tax/levy, Governance

Source: FAO, FAOLEX

Act amending the Patents Act, Copyright Act and other Acts (No. 1430 of 2005).

Legislation | Denmark | 2005

Keyword: Intellectual property rights/patents, Biotechnology, Breeders' rights/farmers' rights, Plant variety, Royalties/fees, Data collection/reporting

Source: FAO, FAOLEX