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Decree-Law No. 213/90 establishing the legal regime governing breeders' rights in new plant varieties.

Country/Territory
Portugal
Document type
Legislation
Date
1990
Source
FAO, FAOLEX
Original source
Diário da República (I Series) No. 147, 28 June 1990, pp. 2727 and 2728.
Subject
Cultivated plants
Keyword
Plant protection Authorization/permit Institution Plant variety Breeders' rights/farmers' rights Basic legislation Intellectual property rights/patents
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Atlantic, North-East Atlantic, Southern Europe
Abstract

This Decree-Law establishes the legal regime governing breeders' rights in new plant varieties. Breeders' rights may be accorded solely in respect of those plant varieties which, according to the definition to be laid down by order of the Minister of Agriculture, Fisheries and Food, are deemed to be distinct, homogeneous, stable and new. The breeders' rights in a plant variety confer on their owner exclusive entitlement to produce and market plants of that variety or the corresponding reproductive or vegetative propagating material. Plant breeders' rights shall have a limited term which shall be a minimum of 15 or 20 years, depending on whether they relate to herbaceous plants or to woody plants. This Decree-Law creates the National Registry of Protected Varieties (Centro Nacional de Registo de Variedades Protegidas-CENARVE) to operate within the framework of the National Institute of Agricultural Research (Instituto Nacional de Investigação Agrária-INIA), the current President of which shall direct it. For the purposes of registration with CENARVE and the keeping of its Register, the persons and entities concerned shall pay fees.

Full text
Portuguese