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Law No. HO-231-N “On the protection of plant varieties”.

Country/Territory
Armenia
Document type
Legislation
Date
2017 (2023)
Source
FAO, FAOLEX
Subject
Cultivated plants
Keyword
Basic legislation Plant variety Plant protection Planting material/seeds Intellectual property rights/patents Breeders' rights/farmers' rights Authorization/permit International relations/cooperation Viticulture/oenological practices Fruits/edible nuts Plant production
Geographical area
Asia, CIS (Commonwealth of Independent States), Europe, Europe and Central Asia, Landlocked Developing Nations, Western Asia
Entry into force notes
This Law enters into force on the tenth day following its official publication.
Abstract

This Law regulates the creation, use, preservation and breeding of plant varieties in connection with granting and termination of property rights thereto, and issuance of patents. The provisions of this law apply equally to citizens of the Republic of Armenia, individuals or legal entities, as well as to citizens, individuals or legal entities of the International Union for the Protection of New Varieties of Plants (UPOV) member state, who reside or operate in the International Union for the Protection of New Varieties of Plants (UPOV) member state. A breeder's right is granted to a variety if it meets the criteria for granting that right. The breeder's right is granted when the variety: (a) is new; (b) has a distinctive feature; (c) is homogeneous; and (d) is stable. The granting of the right to the breeder cannot depend on additional conditions or differ from the aforesaid criteria, if the variety is named according to the provisions of Article 19 of this Law, and the applicant has complied with the procedures provided for by this Law and fulfilled the payments of state duties defined by the national legislation. The variety is considered new if, on the day of the application for the rights of the breeder, the seed material (planting material) or plant material of the variety was not sold for use by the breeder or with his consent, or was not provided in any other way to other persons: (a) in the territory of the Republic of Armenia, not less than one year before the date of submission of the application; and (b) in the territory of another state, not less than four years before the date of submission of the application, a fruit grower for tree species and grapes - no less than six years ago. The application must contain: (a) an application form; (b) the name of the variety; (c) variety description; and (d) receipt of payment of the state duty in the specified amount. The requirements for the forms of the application documents are defined by the authorized body. A new application is filled for each variety. The breeder's right is granted for a period of 20 years from the date of granting the right to the breeder. For fruit trees and for grapes, the term is 25 years. The date of submission of the application shall be considered the day of granting the breeder's right. Any variety must have a name which must ensure its identification.This Law shall apply to all plant genera and species upon entry into force. The variety shall be deemed to be new if, at the date of filing of the application for a breeder's rights, propagating or harvested material of the variety has not been sold or otherwise disposed to other persons, by or with the consent of the breeder, for purposes of the exploitation of the variety: (a) in the territory of the Republic of Armenia, in which the application has been filed earlier than one year before the application date; and (b) in a territory of another state, in which the application has been filed earlier than four years and, in the case of fruit trees and of vines, earlier than six years before the said date. The variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics. The breeder's right shall be independent of any measure taken to regulate the production, certification and marketing of materials of varieties or the importing or exporting of such materials. In any case, such measures shall not affect the application of the provisions of this Law.

Full text
Armenian
Website
www.arlis.am