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Varieties Protection Act.

Country/Territory
Austria
Document type
Legislation
Date
1993
Source
FAO, FAOLEX
Original source
Bundesgesetzblatt für die Republik Österreich, Text No. 108, 12 February 1993, pp. 1209-1218.
Long title
Federal Act on the protection of plant varieties.
Subject
Cultivated plants
Keyword
Basic legislation Plant production Plant variety Planting material/seeds Certification Genetic resources Institution Breeders' rights/farmers' rights Offences/penalties Intellectual property rights/patents
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, Western Europe
Abstract

An Act to regulate in detail the protection of plant varieties. It defines at the outset the various terms therein employed, such as "variety", "species", "related species", "marketing", "convention country", "country of the Union", etc. Article 2 lists the species for which protection can be requested; for example, for wheat (triticum durum); for barley (hordeum vulgare); for oat (avena sativa); for potatoes (solanum tuberosum); for vine (vitis sp.), etc. 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 Law sets out the civil and penal penalties in case of violation, as well as the final and transitional provisions. It consists of 37 articles divided into 5 Parts.

Full text
German

References - Legislation

Implemented by

Ordinance on registration and examination fees according to the Varieties Protection Act.

Legislation | Austria | 1997

Keyword: Plant production, Plant variety, Breeders' rights/farmers' rights, Registration, Royalties/fees, Intellectual property rights/patents

Source: FAO, FAOLEX

Ordinance on plant varieties according to the Varieties Protection Act.

Legislation | Austria | 1993 (2006)

Keyword: Plant variety, Cereals/grains/rice, Classification/declassification, Crops/grasses, Agricultural commodities

Source: FAO, FAOLEX

Amended by

Federal Act amending the Varieties Protection Act.

Legislation | Austria | 1997

Keyword: Planting material/seeds, Plant variety, Registration, Plant production

Source: FAO, FAOLEX

Ordinance on extension of sphere of application of the Varieties Protection Act.

Legislation | Austria | 1994

Keyword: Plant production, Plant variety, Planting material/seeds, Floriculture, Vegetables/legumes

Source: FAO, FAOLEX

Repealed by

Agricultural Amendment Act 2001 and Varieties Protection Act 2001.

Legislation | Austria | 2001

Keyword: Breeders' rights/farmers' rights, Animal feed/feedstuffs, Fertilizers/nutrients, Pesticides, Plant protection, Planting material/seeds, Plant variety, Registration, Court/tribunal, Authorization/permit, Institution, Offences/penalties, Basic legislation, Plant production

Source: FAO, FAOLEX

Varieties Protection Act 2001.

Legislation | Austria | 2001 (2015)

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

Source: FAO, FAOLEX