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Act of October 21, 2011, on Amendments to the Plant Variety Protection Act (promulgated by Decision No. 71-05-03/1-11-2 of October 26, 2011), Croatia

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Details Details Year of Version 2011 Dates Entry into force: November 3, 2011 Adopted: October 21, 2011 Type of Text Main IP Laws Subject Matter Plant Variety Protection, IP Regulatory Body

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Main text(s) Main text(s) English Act of October 21, 2011, on Amendments to the Plant Variety Protection Act (promulgated by Decision No. 71-05-03/1-11-2 of October 26, 2011)        
 
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 Act on Amendments to the Plant Variety Protection Act of October 21, 2011

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

24

Act on Amendments to the Plant Variety Protection Act of October 21, 20112

(adoption date: October 21, 2011; entry into force: November 3, 2011)

THE CROATIAN PARLIAMENT 2481

Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby issue the

DECISION

PROMULGATING THE ACT ON AMENDMENTS TO

THE PLANT VARIETY PROTECTION ACT

I hereby promulgate the Act on Amendments to the Plant Variety Protection Act, passed by the

Croatian Parliament at its session on 21 October 2011.

Class: 011-01/11-01/204

Reg. No.: 71-05-03/1-11-2

Zagreb, 26 October 2011

The President

of the Republic of Croatia

Ivo Josipović, m. p.

THE ACT

ON AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT

Article 1

In the Plant Variety Protection Act (Official Gazette 131/97, 62/00 and 67/08), in Article 1, a

new paragraph 2 is added which reads:

“(2) This Act contains the provisions aligned with the following legislation of the European

Union: Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

(SL L 227, 1. 9. 1994).”

Article 2

After Article 12a, a new Article 12b is added which reads:

“Article 12b

(1) Plant breeder's right shall not be violated in cases where harvested material of the

protected variety for certain plant species, which the farmer obtained by planting on his own

holding, is used for propagating purposes on his own agricultural holding.

(2) A farmer who realises the possibility referred to in paragraph 1 of this Article shall pay an

equitable remuneration to the holder of plant breeder's right, which is lower than the licence

paid by the seed producer.

(3) A farmer who realises the possibility referred to in paragraph 1 of this Article shall, on

request by the holder of the plant breeder's right, submit information on the sawn/planted

areas.

(4) Small farmers shall not be required to pay any remuneration in respect of the possibilities

laid down in paragraph 1 of this Article.

(5) The Minister shall stipulate the criteria for determining small farmers of the plant species to

which the provision of paragraph 1 of this Article applies.

2 Translation provided by the Croatian Authorities.

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

25

(6) When using the harvested material referred to in paragraph 1 of this Article for

propagating purposes on his own agricultural holding, the farmer shall act in accordance with

the regulations covering the plant health whereby he shall, in particular, take account of

protection of the crops from harmful organisms which were planted by using the mentioned

material.“

Article 3

(1) The varieties referred to in Article 7, paragraph 1 of the Plant Variety Protection Act

(Official Gazette 131/97, 62/00 and 67/08) may be subject to plant breeders' rights from 1

September 2011.

(2) By way of derogation from Article 8, paragraph 1 of the Plant Variety Protection Act

(Official Gazette 131/97, 62/00 and 67/08), for all plant varieties except: wheat, barley, oats,

maize, common sunflower, soya bean, oilseed rape, sugar beat, potato, lucerne, peas, fodder

kale, pear, poplar and willow, the plant variety breeder or his successor in title shall be entitled

to submit an application for the grant of a plant breeder's right until 1 September 2012.

Article 4

This Act shall enter into force on the eighth day after the day of its publication in the Official

Gazette.

Class: 320-20/11-01/03

Zagreb, 21 October 2011

THE CROATIAN PARLIAMENT

The President of the Croatian Parliament

Luka Bebić, m.p.


Legislation Amends (1 text(s)) Amends (1 text(s)) Implements (1 text(s)) Implements (1 text(s))
No data available.

WIPO Lex No. HR068