- Section 1. Purpose of this Law
- Section 2. Scope of Application of this Law
- Section 3. Conditions for Granting the Breeder’s Right
- Section 4. Novelty of a Variety
- Section 5. Distinctness of a Variety
- Section 6. Uniformity of a Variety
- Section 7. Stability of a Variety
- Section 8. Breeder
- Section 9. Owner of Breeder’s Right
- Section 10. Authorised Representative
- Section 11. Personal Rights of a Breeder
- Section 12. Tasks of the National Council Plant Variety Council and the State Plant Protection Service in the Field of Protection of Varieties
- Section 13. The Latvian State Register of Protected Plant Varieties
- Chapter IIApplication for Granting the Breeder’s Right and Examination Thereof
- Section 14. Application for Granting the Breeder’s Right
- Section 15. Convention Priority
- Section 16. Examination of Applications
- Section 17. Submission of Objections
- Section 18. Examination of a Variety
- Section 19. Decision regarding Granting of the Breeder’s Right
- Section 20. Denomination of a Variety and Procedures for Registration Thereof
- Section 21. Publications
- Section 22. State Fee
- Chapter IIIBreeder’s right
- Section 23. Scope of Application of the Breeder’s Right
- Section 24. Restrictions of the Breeder’s right
- Section 25. Exceptions of the Breeder’s right
- Section 26. Term of Validity of the Breeder’s Right
- Section 27. Transfer of the Breeder’s right
- Section 28. License Contract
- Section 29. Non-exclusive Licence
- Section 30. Exclusive License
- Section 31. Free Right of Use
- Section 32. Compulsory Licence
- Section 32.1 Implementation of Breeder’s Rights if a Biotechnological Invention is Protected by a Patent
- Section 33. Certification or Conformity Assessment of Propagating Material
- Section 34. Examination of Variety During Protection Period Thereof
- Section 35. Provision of Information regarding Utilisation of a Protected Variety
- Chapter IVLoss of Effect and Cancellation of Breeder’s right
- Section 36. Loss of Effect of Breeder’s right
- Section 37. Cancellation of Breeder’s right
- Chapter VLiability for Infringement of Breeder’s Right
- Section 37.1 Right to Submit an Application to the Court Regarding Infringement of Breeder’s Right
- Section 38. Procedures for Determination of the Amount of the Compensation for Losses and Moral Injury
- Section 39. Compensation for Losses Caused in Relation to the Temporary Protection of a Variety
- 40. Liability for Infringement of Breeder’s right
- Transitional Provisions
- Informative Reference to European Union Directives
Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:
17 November 2005;
21 December 2006.
If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.
The Saeima1 has adopted and the
President has proclaimed the following Law:
Plant Varieties Protection Law
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to specify the procedures for granting the breeder’s right and to ensure the protection of breeder’s rights.
Section 2. Scope of Application of this Law
(1) The Law shall be applied to all varieties of plant genus and species (including hybrids).
(2) A variety is an aggregate of cultivated plants which is included in the last position within the limits of a botanical taxon (botanical system) irrespective of whether the requirements for granting the breeder’s right have been fully complied with. It may be defined as a manifestation characterising a genetic type or a combination of genetic types, as an aggregate that differs from any another aggregate of plants with at least one specific characteristic. A variety shall be regarded as a unit that remains constant when propagated.
Section 3. Conditions for Granting the Breeder’s Right
(1) Breeder’s right shall be granted if a variety is:
1) new;
2) distinct;
3) uniform; and
4) stable.
(2) In order to grant the breeder’s right, a variety shall be assigned a denomination in accordance with the provisions of Section 20 of this Law. A breeder or his or her authorised representative shall comply with the procedures provided for in this Law. No other conditions shall be set for the granting of the breeder’s right.
Section 4. Novelty of a Variety
A variety shall be deemed to be new if a breeder or his or her authorised representative, or someone else with his or her permission has not sold, or in any other way transferred the seeds, planting stock, propagating material (hereinafter - propagating material) or the harvest product of the variety to a third party for commercial use prior to the day of registration of an application for granting the breeder’s right (hereinafter – application):
1) in Latvia – earlier than one year before the registration of an application;
2) outside of Latvia – earlier than six years before the registration of an application in relation to vines and tree varieties;
3) outside of Latvia – earlier than four years before the registration of an application in respect of other plants which are not referred to in Clause 2 of this Section.
Section 5. Distinctness of a Variety
(1) A variety shall be deemed to be distinct if it clearly differs from any other variety that has become a matter of common knowledge before the date of registration of the application.
(2) In particular, a variety shall be deemed to be a matter of common knowledge if an application for granting the breeder’s right or for inclusion of the variety in the official catalogue of varieties has been registered in any state and if according to such application the breeder’s right have been granted or the variety has been included in the official catalogue of varieties. A variety shall be deemed to be a matter of common knowledge as of the date of registration of an application.
Section 6. Uniformity of a Variety
A variety shall be deemed to be uniform if plants thereof, which have been propagated observing the particular features of the variety propagation, are sufficiently uniform in respect of the characteristic features of the variety.
Section 7. Stability of a Variety
A variety shall be deemed to be stable if after the repeated propagation or at the end of each propagation cycle (if a special propagation cycle is utilised) the characteristic features of the variety do not substantially change.
Section 8. Breeder
(1) In accordance with this Law the following persons are breeders:
1) a natural person who has derived or isolated the relevant variety;
2) an employer or a commissioning party who has entered into a contract with a person referred to in Clause 1 of this Section regarding the derivement or isolation of the relevant variety;
3) a successor to the rights of persons referred to in Clauses 1 and 2 of this Section.
(2) If a variety has been derived as a result of the joint activities of several breeders, they shall have joint breeder’s right which have been specified by a written agreement. If an agreement has not been entered into, each of them is entitled to exercise breeder’s right at his or her own discretion, with the exception of the granting of a licence, as well as of transferring the breeder’s right to another person. The joint owners of the breeder’s right shall carry out such activities only by mutual agreement or in accordance with a court adjudication.
Section 9. Owner of Breeder’s Right
A person referred to in Section 8 of this Law who has acquired the breeder’s right in accordance with the procedures specified in this Law is an owner of breeder’s right.
Section 10. Authorised Representative
The State Plant Protection Service shall register an authorised representative based on the authorisation of a breeder.
[17 November 2005;]
Section 11. Personal Rights of a Breeder
(1) A breeder (a natural person), irrespective of who is the owner of breeder’s right, has personal rights, which shall not be transferred to other persons and inherited. These are rights:
1) to be mentioned in materials and publications regarding the relevant variety, as well as the certificate regarding the granting of a breeder’s right;
2) to submit a proposal for the denomination of a variety; and
3) to apply for an equitable remuneration for the utilisation of a variety in cases provided for in a contract entered into with an employer.
(2) The rights specified in Paragraph one of this Section in case of violation thereof may be protected in a court in accordance with the same procedures by which copyright is protected.
[17 November 2005]
Section 12. Tasks of the National Council Plant Variety Council and the State Plant Protection Service in the Field of Protection of Varieties
(1) The National Plant Variety Council shall submit to the Ministry of Agriculture and other institutions proposals on the breeding directions of agricultural cultivated plants and the protection of breeder’s rights.
(2) The State Plant Protection Service shall:
1) accept and examine applications and other documents related thereto;
2) perform expert-examinations of the conditions for granting the breeder’s right;
3) take a decision regarding the recognition of results of a variety distinctness, uniformity and stability examination (hereinafter – variety examination);
4) organise, perform or control variety examination;
5) take a decision regarding the granting, loss of effect and cancellation of the breeder’s right;
6) issue certificates on granting the breeder’s right;
7) register licences for the transfer of the breeder’s right;
8) maintain the Latvian State Register of Protected Plant Varieties;
9) in conformity with its competence co-operate with international organisations;
10) perform other functions provided for in this Law;
11) perform all activities in conformity with European Union legislation regarding plant variety protection.
[17 November 2005]
Section 13. The Latvian State Register of Protected Plant Varieties
(1) The Latvian State Register of Protected Plant Varieties (hereinafter – Register) shall include information on applications and protected varieties.
(2) The following information regarding applications shall be included in the Register:
1) the registration number and date of the application;
2) the name and address of the breeder;
3) if it is an authorised representative – the name and address of the authorised representative, the date, number and term of validity of the authorisation;
4) the proposed denomination of a variety or temporary designation;
5) the description of the variety technical form registration number and date or the official description of the variety registration number and date that is prepared after the performance of a variety examination (hereinafter – description of the variety);
6) the variety examination report registration number and date;
7) the date of publication of the registered application;
8) the date of publication of the applied for and registered variety denomination;
9) the priority date; and
10) information regarding the course of the examination of the application.
(3) The following information regarding protected varieties shall be included in the Register:
1) the number by which the variety has been included in the Register;
2) the name and address of the owner of breeder’s right, breeder, and authorised representative;
3) the denomination of the variety;
4) the description of the variety;
5) a reference to the components of the variety if they are utilised for the propagation of the variety;