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Varieties Protection Act 2001.

Country/Territory
Austria
Document type
Legislation
Date
2001 (2015)
Source
FAO, FAOLEX
Long title
Federal Act on the protection of plant varieties.
Subject
Cultivated plants
Keyword
Fertilizers/nutrients Pesticides Plant protection Planting material/seeds Plant variety Registration Breeders' rights/farmers' rights Court/tribunal Authorization/permit Institution Offences/penalties Basic legislation Plant production Intellectual property rights/patents
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, Western Europe
Abstract

Article 8 of the Agricultural Amendment Act 2001 contains the Federal Act on Protection of Plant Varieties (Varieties Protection Act 2001). The Act contains at the outset a definition clause relating to various terms therein employed, such as "variety", "species", "planting material", "breeder", "convention country", "country of the Union", etc. Article 3 establishes that protection is granted by the Office for Protection of New Plant Varieties only if a variety is new, constant, homogenous and distinguishable. As a result only the entitled person is authorized to produce, sell or export the seeds of the protected variety. At the same time, he must ensure the production of the protected variety and make available all information requested by the above-mentioned Office. The entitled person can also authorize others to grow the protected variety or he can ask for its cancellation from the Register. The duration of the protection of a plant variety lasts from 25 to 30 years. Moreover, protected plant varieties must be given a name not exceeding three words by the competent Office. Part 2 deals with the authority responsible to act as Office for Protection of New Plant Varieties; in case of appeal the matters is dealt with by the Ministry for Agriculture and Forestry. The said Office is due to keep a Register of Plant Varieties. This Part establishes also the procedure requested for registering a plant variety and refers to all other legal and financial aspects. Finally, the Act sets out the civil and penal penalties in case of violation, as well as the final and transitional provisions. It consists of 29 articles divided into 5 Parts.

Full text
German
Website
www.ris.bka.gv.at

References - Legislation

Implements

Council Regulation (EC) No. 2100/94 on Community plant variety rights.

Legislation | European Union | 1994 (2007)

Keyword: Basic legislation, Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents, Institution, Breeders' rights/farmers' rights

Source: FAO, FAOLEX

Amends

Plant Protection Act 1995.

Legislation | Austria | 1995 (2011)

Keyword: Basic legislation, Plant protection, Pests/diseases, Institution, International trade, Integrated pest management-IPM/pest management strategies, Offences/penalties

Source: FAO, FAOLEX

Plant Protection Products Act 1997.

Legislation | Austria | 1997 (2011)

Keyword: Basic legislation, Plant protection, Pesticides, Integrated pest management-IPM/pest management strategies, Authorization/permit, Packaging/labelling, Registration, Residues, Institution, Royalties/fees, Offences/penalties

Source: FAO, FAOLEX

Federal Act on the manufacture, placing on the market and use of feed, compounds and additives.

Legislation | Austria | 1999 (2020)

Keyword: Consumer protection, Fish products, Basic legislation, Animal feed/feedstuffs, Standards, International trade, Certification, Inspection, Hygiene/sanitary procedures, Animal health, Animal production, Authorization/permit, Business/industry/corporations, Internal trade, Packaging/labelling, Offences/penalties, Registration, Residues

Source: FAO, FAOLEX

Seeds Act 1997.

Legislation | Austria | 1997 (2015)

Keyword: Planting material/seeds, Authorization/permit, Plant variety, Packaging/labelling, International trade, Standards, Royalties/fees, Offences/penalties, Basic legislation, Plant production

Source: FAO, FAOLEX

Fertilizers Act 1994.

Legislation | Austria | 1994 (2015)

Keyword: Basic legislation, Fertilizers/nutrients, Packaging/labelling, Internal trade, Inspection, Soil pollution/quality, Plant production

Source: FAO, FAOLEX

Repeals

Varieties Protection Act.

Legislation | Austria | 1993

Keyword: Basic legislation, Plant production, Plant variety, Planting material/seeds, Certification, Genetic resources, Institution, Breeders' rights/farmers' rights, Offences/penalties, Intellectual property rights/patents

Source: FAO, FAOLEX

Implemented by

Fertilizers Tariff.

Legislation | Austria | 1994

Keyword: Fertilizers/nutrients, Royalties/fees, Plant production

Source: FAO, FAOLEX

Amended by

Federal Act amending inter alia the Varieties Protection Act 2001.

Legislation | Austria | 2005

Keyword: Fertilizers/nutrients, Pesticides, Plant protection, Planting material/seeds, Plant variety, Plant production

Source: FAO, FAOLEX

Forestry Seeds Act and Agricultural Amendment Act 2002.

Legislation | Austria | 2002

Keyword: Forest species, International trade, Inspection, Planting material/seeds, Animal feed/feedstuffs, Fertilizers/nutrients, Plant protection, Pesticides, Plant variety, Viticulture/oenological practices, Plant production

Source: FAO, FAOLEX