Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
17 November 2005 [shall
come into force from 21 December 2005];
21 December 2006 [shall come into force from 1 January
2007];
17 June 2010 [shall come into force from 1 July
2010];
16 December 2010 [shall come into force from 31 December
2010].
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;
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;
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 State Plant
Protection Service in the Field of Protection of Plant
Varieties
(1) The State Plant Protection Service shall:
1) examine applications regarding granting of the breeder's
right and take a decision on the granting, extension, loss of
effect and cancellation of the breeder's right;
2) approve the results of a variety examination conducted in
Latvia;
3) recognise the results of a variety distinctness, uniformity
and stability examination (hereinafter - variety examination)
conducted in the Member States of the International Union for the
Protection of New Varieties of Plants (UPOV) in accordance with
the regulatory enactments regarding a variety distinctness,
uniformity and stability examination;
4) supervise and control a variety examination in Latvia;
5) register licence agreements for the transfer of the
breeder's right;
6) administer and maintain the Latvian State Register of
Protected Plant Varieties of the State Information System for
Supervision of Cultivated Plants;
7) in conformity with its competence co-operate with
international organisations;
8) perform other functions provided for in this Law;
9) perform all activities in conformity with the legal acts of
the European Union regarding plant variety protection.
[16 December 2010]
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;
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;
6) the date of the granting of the breeder's right, the time
period for which the breeder's right has been granted, loss of
effect of the breeder's rights and cancellation thereof;
7) the information regarding compulsory licences, registered
licences and registered licence contracts issued;
8) information regarding the change of the name of the owner
of a licence;
9) information regarding the payment of the State fee for
protection of breeder's rights.
(4) The applicant and the owner of breeder's rights shall be
liable for the provision of information to be included into the
Register, the veracity, amendment and alteration thereof.
[17 November 2005]
Chapter II
Application for Granting the Breeder's Right and Examination
Thereof
Section 14. Application for Granting
the Breeder's Right
(1) A breeder or his or her authorised representative
(hereinafter - applicant) shall submit an application to the
State Plant Protection Service. The Cabinet shall determine the
procedures for acceptance and examination and registration of an
application.
(2) The date on which the State fee was paid shall be
indicated in an application. The following documents shall be
appended to the application:
1) a description of the variety;
2) an authorisation if the applicant is not the breeder;
3) the documents referred to in Section 15 of this Law if a
convention priority has been requested.
(3) An application shall be registered if a description of the
variety technical form has been submitted and the following
information has been provided in the application form and a copy
of the payment document regarding the examination of the
application:
1) the name and address of the applicant;
2) the name and address of the breeder if the applicant is not
the breeder;
3) the submitted denomination of the variety;
4) the State in which the application has been registered and
the registration date if a convention priority is requested;
5) the person referred to in Section 8, Paragraph two, Clause
1 of this Law if the breeder is the person referred to in Section
8, Paragraph two, Clause 2 of this Law.
(4) An application form shall be completed in the Latvian
language. If documents appended to the application are completed
in any foreign language, the State Plant Protection Service has
the right to request their translation into the Latvian
language.
(5) If a variety has been derived utilising other varieties
(components), the applicant has the right to request that the
information regarding the components of the variety be regarded
as restricted access information.
(6) After the registration of an application the variety shall
be deemed to be a matter of common knowledge and temporary
protection shall be applied thereto.
[17 November 2005; 17 June
2010]
Section 15. Convention Priority
(1) An applicant who in accordance with specified procedures
has submitted an application to another Member State of the
International Union for the Protection of New Varieties of Plants
(UPOV) has the right within 12 months to submit an application in
Latvia in relation to the same variety utilising the priority of
the first application. The specified time period of 12 months
shall be calculated from the day of registration of the first
application.
(2) In order to certify the priority, an applicant shall,
within three months after the registration of the application
with the State Plant Protection Service, submit a copy of the
registered application certifying the priority date.
(3) An applicant within three years after the priority date
has the right to submit to the State Plant Protection Service
additional information, documents or materials necessary for the
evaluation of the application and the examination of the
variety.
(4) The registration of another application regarding the
variety referred to in the first application, the utilisation of
such variety or publication of information thereof shall not be a
reason for rejection of the second application. The referred to
activities shall not be a basis for the arising of any rights for
a third party to the variety.
[17 November 2005]
Section 16. Examination of
Applications
(1) Within a month from the day of registration of an
application, the State Plant Protection Service shall:
1) examine the right of the applicant to submit an application
and the conformity of the variety to the provisions of Section 4
of this Law;
2) inform the applicant in writing regarding the necessity to
supplement the registered application with the documents referred
to in Section 14, Paragraph two of this Law and to submit a
translation into the Latvian language of the documents appended,
as well as regarding the procedures for the examination of the
variety.
(2) If during the examination of an application the State
Plant Protection Service determines that the variety does not
comply with the provisions of Paragraph one, Clause 1 of this
Section, it shall reject the application informing the applicant
in writing thereof.
Section 17. Submission of
Objections
(1) Interested persons have the right within three months
after information regarding the application has been published to
submit objections to the State Plant Protection Service.
Objections may relate to the novelty, distinctness, uniformity,
and stability of a variety or to the right to submit an
application. Objections shall be submitted in writing, adding the
documentary justification thereto.
(2) An applicant shall, within two months after the receipt of
objections, provide an explanation regarding the objections. If
an applicant does not provide an explanation, the State Plant
Protection Service shall reject the application.
(3) If the objections relate to the distinctness, uniformity
and stability of a variety, the State Plant Protection Centre has
the right to request a repeat examination of the variety.
Section 18. Variety Examination and
Issue of a Permit for a Variety Examination
(1) A variety examination shall be performed by the following
authorities:
1) in Latvia - the authority to which the State Plant
Protection Service has issued a permit for the performance of a
variety examination in accordance with the procedures specified
in the regulatory enactments regarding examination of
distinctness, uniformity and stability of a variety;
2) outside Latvia - one of the following variety examination
authorities:
a) the official authority of other European Union Member State
which has entered into an agreement regarding performance of a
variety examination in accordance with Article 15 of Commission
Regulation (EC) No 874/2009 of 17 September 2009 establishing
implementing rules for the application of Council Regulation (EC)
No 2100/94 as regards proceedings before the Community Plant
Variety Office,
b) the authority of the Member State of the International
Union for the Protection of New Varieties of Plants (UPOV), if
the referred to state is the Member State of the European
Free Trade Association (EFTA) and performs a
variety examination for the particular species.
(2) A permit for the performance of a variety examination
shall be issued by the State Plant Protection Service in
accordance with the procedures specified in the regulatory
enactments regarding examination of distinctness, uniformity and
stability of a variety. A permit shall be issued within two
months from the day when a submission for permission to perform a
variety examination has been lodged.
(3) A variety examination shall be performed in accordance
with:
1) variety examination protocols (available in electronic
format on the website of the State Plant Protection Service) of
the Community Plant Variety Office (CPVO) specified in the
regulatory enactments regarding examination of distinctness,
uniformity and stability of a variety;
2) the guidelines for a variety examination (available in
electronic format on the website of the State Plant Protection
Service) of the International Union for the Protection of New
Varieties of Plants (UPOV) specified in the regulatory enactments
regarding examination of distinctness, uniformity and stability
of a variety, if variety examination protocol of the Community
Plant Variety Office (CPVO) has not been specified for the
relevant genus, species or variety group;
3) the regulatory enactments regarding the methodology for
examination of distinctness, uniformity and stability of a
variety, if neither variety examination protocol of the Community
Plant Variety Office (CPVO), nor guidelines for a variety
examination of the International Union for the Protection of New
Varieties of Plants (UPOV) have been specified for the relevant
genus, species or variety group in the regulatory enactments
regarding examination of distinctness, uniformity and stability
of a variety.
(4) If neither variety examination protocol of the Community
Plant Variety Office (CPVO), nor guidelines for a variety
examination of the International Union for the Protection of New
Varieties of Plants (UPOV) have been developed for the relevant
genus, species or variety group and a variety examination is not
performed in Latvia, the examination for such varieties shall be
performed in any of the examination authorities referred to in
Paragraph one, Clause 2 of this Section, taking into account the
requirements of the regulatory enactments of the relevant
country.
(5) The Cabinet shall issue regulations for examination of
distinctness, uniformity and stability of a variety in which the
following shall be determined:
1) the variety examination protocols of the Community Plant
Variety Office (CPVO) and the guidelines for a variety
examination of the International Union for the Protection of New
Varieties of Plants (UPOV) in compliance with which a variety
examination shall be performed;
2) the requirements for performers of a variety
examination;
3) the procedures for the issue and cancellation of a permit
for the performance of a variety examination;
4) the requirements for the collection of sample varieties
necessary for a variety examination and approval procedures;
5) the provisions and procedures for the supervision of a
performer of a variety examination;
6) the provisions and procedures for a variety
examination;
7) the procedures for organisation of a variety
examination;
8) the provisions and procedures for the approval of the
results of a variety examination;
9) the requirements for recognition of the results of a
variety examination.
(6) The Cabinet shall issue regulations regarding the
methodology for the variety examination of cultivated plant
species for which variety examination protocols of the Community
Plant Variety Office (CPVO) or guidelines for a variety
examination of the International Union for the Protection of New
Varieties of Plants (UPOV) have not been developed.
[16 December 2010]
Section 19. Decision Regarding
Granting of the Breeder's Right
(1) After completion of the examination of the variety (if
such was required), the State Plant Protection Service shall send
a notification on the results of the examination to an applicant.
Within two months an applicant has the right to submit objections
regarding the examination of the variety performed to the State
Plant Protection Service.
(2) The breeder's right shall be granted:
1) if a fully completed application form has bee submitted and
the documents referred to in Section 14, Paragraph two of this
Law have been appended;
2) in accordance with the provisions specified in Sections 3,
4, 5, 6 and 7 of this Law.
(3) The breeder's right shall be granted by a decision of the
State Plant Protection Service that comes into force on the day
of the taking thereof. The State Plant Protection Service shall
inform an applicant in writing regarding the referred to
decision, issue a certificate regarding the granting of the
breeder's right and include the variety in the Register.
[17 November 2005]
Section 20. Denomination of a
Variety and Procedures for Registration Thereof
(1) The denomination of a variety shall be applied for by
submitting an application. If a variety is a matter of common
knowledge, it shall be applied for with a denomination previously
used. If an application has been concurrently submitted in
several states, the applicant shall use the same denomination of
the variety. The registered denomination of the variety shall be
used after the granting of the breeder's right and the expiry of
the protection of the variety.
(2) The denomination of a variety shall conform to the
requirements of the International Union for the Protection of New
Varieties of Plants (UPOV) and of regulatory enactments of the
European Union.
(3) The State Plant Protection Service shall examine the
conformity of the denomination applied for to the provisions of
Paragraphs one and two of this Section. If an applied for
denomination:
1) conforms, it shall be published. Interested persons have
the right to submit objections to the State Plant Protection
Service regarding the applied for denomination of a variety
within three months from the day of publication thereof. The
State Plant Protection Service shall inform the applicant
regarding the objections received and if they are justified,
shall act in accordance with Clause 2 of this Paragraph. The
State Plant Protection Service shall inform regarding a decision,
which is taken in relation to the objections, to the submitter of
the objection and member states of UPOV and the European
Union;
2) does not conform, the applicant shall, within a month,
submit a proposal regarding a new denomination of the variety. If
the applicant does not submit a proposal, the application shall
be rejected and the applicant informed in writing thereof.
(4) The denomination of a variety shall be registered
concurrently with the granting of the breeder's right or by a
separate decision.
(5) The State Plant Protection Service shall recognise the
denomination of a variety as unsuitable if:
1) the denomination has been registered without complying with
the provisions of Paragraphs one and two of this Section;
2) a written request of the owner of the breeder's right has
been received;
3) a relevant decision of a higher institution or an
adjudication of a court has been received.
(6) The denomination of a variety, which has been recognised
as unsuitable, shall be cancelled and a new denomination shall be
registered.
[17 November 2005; 17 June
2010]
Section 21. Publications
(1) The State Plant Protection Service shall publish the
following information in the newspaper Latvijas
Vēstnesis [the official Gazette of the Government of
Latvia]:
1) registered, recalled and rejected applications;
2) denominations of varieties proposed and changes of
denominations of protected varieties;
3) granting, loss of effect or cancellation of the breeder's
right;
4) change of the breeder, owner of breeder's right or
authorised representative;
5) other notices associated with this Law.
(2) The State Plant Protection Service shall publish the
information referred to in Paragraph one of this Section also in
the periodical publication "Latvijas Augu Šķirņu Biļetens"
[Latvian Plant Variety Bulletin], which shall be sent to all
member states of UPOV and the European Union.
[17 November 2005]
Section 22. State Fee
The State fee shall be paid according to the procedures and in
the amount specified by the Cabinet:
1) by a submitter - for the granting of the breeder's right
and extension thereof;
2) an owner of breeder's right or an authorised representative
thereof - for the protection of breeder's right;
3) an owner of the licence - for the registration of the
licence in the State Plant Protection Service;
4) a variety examination authority - for the issue of a permit
for performance of a variety examination.
[17 November 2005; 21 December
2006; 17 June 2010; 16 December 2010]
Chapter III
Breeder's Right
Section 23. Scope of Application of
the Breeder's Right
(1) No other person shall turn a variety into a source of
income without a permit (licence contract) from an owner of the
breeder's right. In compliance with the provisions of Section 24
of this Law a permit from the owner of the breeder's rights shall
be necessary for the performance of the following activities
related to the propagating material of a variety:
1) production and propagation;
2) preparation in conformity with sowing requirements in order
to propagate the variety;
3) offer for sale;
4) sale or other type of marketing;
5) exportation and importation;
6) storage for the purposes referred to in Clauses 1, 2, 3, 4
and 5.
(2) In compliance with the provisions of Section 24 of this
Law, a permit from the owner of the breeder's right for the
activities referred to in Paragraph one, Clauses 1, 2, 3, 4, 5
and 6 of this Section with the harvested product (including
entire plant and parts of the plant) obtained by unauthorised
utilisation of the propagating material of a protected variety is
required unless he or she has had no opportunity to exercise his
or her rights in relation to the referred to propagating material
of the variety.
(3) The provisions of Paragraphs one and two of this Section
shall also apply to such a plant variety:
1) which is essentially derived from the protected variety if
this protected variety is not itself essentially derived in such
manner;
2) which, in compliance with the provisions of Section 5 of
this Law, insufficiently differs from the protected variety;
3) in the production of which the protected variety must be
repeatedly utilised.
(4) The variety referred to in Paragraph three, Clause 1 of
this Section shall be deemed to be essentially derived from
another (initial) variety, if it:
1) is predominantly derived from the initial variety or from a
variety that is itself predominantly derived from the initial
variety, while retaining the essential characteristics the origin
of which has been determined by the genotype or combination of
genotypes of the initial variety;
2) is clearly distinguishable from the initial variety;
3) conforms to the essential characteristics of the initial
variety the origin of which has been determined by the genotype
or combination of genotypes of the initial variety, except for
the differences that have arisen during the process of
derivation.
(5) A variety may essentially be derived by selecting natural
or induced mutants, somaclonal variants or individuals that
differ from the initial variety, as well as by utilising
backcrossing or transformation by genetic engineering or other
methods.
Section 24. Restrictions of the
Breeder's Right
(1) In order to ensure agricultural production, the producers
of agricultural products have the right without the permission of
the owner of the breeder's right to utilise for propagation of
harvested products, which are acquired in the fields in his or
her ownership or possession from a variety protected in Latvia
that they have sown themselves (which is not a hybrid or
synthetic variety), if the following plant species are grown:
yellow lupine (Lupinus luteus L.), lucerne (Medicago
sativa L.), peas (Pisum sativum L.), field beans
(Vicia faba L.), common vetch (Vicia sativa L.),
oats (Avena sativa L.), barley (Hordeum vulgare
L.), rye (Secale cereale L.), triticale (x
Triticosecale Wittm.), soft wheat (Triticum
aestivum L. emend. Fiori et Paol.), potatoes
(Solanum tuberosum L.), turnip rape [Brassica napus
L. (partim)], flax (Linum usitatissimum L.), except
for fibre flax.
(2) The producers of agricultural products, who have small
holdings, may utilise the plant species referred to in Paragraph
one of this Section for the propagation of harvested products in
their own holdings without paying a reimbursement to the owners
of breeder's rights.
(3) A small holding within the meaning of this Law is such a
holding in which ownership or possession the total area of the
plant species referred to in Paragraph one of this Section
(except for potatoes) does not exceed 20 hectares, but for
potatoes - three hectares.
(4) If other producers of agricultural products without the
permission of the owner of the breeder's right utilise for
propagation the plant species referred to in Paragraph one of
this Section, they shall pay remuneration in the amount of 50 per
cent from the remuneration for a licensed propagating material of
the same variety for the same area.
[17 November 2005]
Section 25. Exceptions of the
Breeder's Right
Breeder's right shall not apply to operations:
1) which have been performed privately and for non-commercial
purposes;
2) which have been carried out for experimental purposes;
3) the objective of which is to derive new varieties, except
in cases where the provisions of Section 23, Paragraph three of
this Law are applied in respect of the operations with varieties
referred to in Section 23, Paragraphs one and two of this
Law;
4) with the propagating material of the protected variety, the
harvested product (including entire plant and parts of the plant)
and any material acquired from the harvested product or varieties
referred to in Section 23, Paragraph three of this Law if the
breeder has sold or otherwise put into circulation (or if such
has taken place with his or her consent) such material or
varieties, unless any of the following operations have been
performed:
a) further propagation of the protected variety,
b) exportation of the propagating material of the protected
variety, harvested product (including entire plant and parts of
the plant) and any material acquired from the harvested product,
which would provide an opportunity to propagate the variety in a
state which does not protect varieties of the genera and species
to which the referred to variety belongs, except in cases where
such material to be exported is intended for final
consumption.
Section 26. Term of Validity of the
Breeder's Right
(1) Breeder's rights shall be acquired on the day when a
decision on the granting of the breeder's rights is taken and
shall be in effect until the end of the twenty-fifth calendar
year, but for potatoes and with respect to the species of vine
and tree varieties, until the end of the thirtieth calendar year
from the year of granting the right.
(2) After the receipt of a reasoned application from the owner
of the breeder's right, the State Plant Protection Service has
the right to extend the term referred to in Paragraph one of this
Section for another five years.
[17 November 2005]
Section 27. Transfer of the
Breeder's Right
(1) An owner of the breeder's right is entitled to transfer
the granted breeder's right:
1) fully - to a successor to the breeder's right;
2) in part - with an authorisation or a licence contract in
accordance with the provisions of Section 28 of this Law.
(2) The breeder's right shall be transferred in writing and
they shall be in effect from the day of registration in the State
Plant Protection Service.
Section 28. License Contract
(1) An owner of the breeder's right may transfer his or her
right to utilise the protected variety as a source of income to
another person upon mutual agreement entering into a
non-exclusive licence contract or an exclusive licence contract,
or by announcing the free right of use.
(2) A licence (also compulsory licence) contract and the
change of the owner of the licence shall be registered in the
State Plant Protection Service by making an entry in the
Register. The licence contract shall be registered by the State
Plant Protection Service if a copy of the document regarding the
payment of the State fee has been submitted. An unregistered
licence contract shall not be valid. If the operation of a
licence is terminated, the relevant entry shall be made in the
Register. Upon registration of the compulsory licence, the State
fee shall not be paid.
[21 December 2006]
Section 29. Non-exclusive
Licence
In issuing a non-exclusive licence, that is, in granting the
right to utilise a variety to a owner of a licence (licensee), an
issuer of a license (licenser) shall retain the right to grant a
licence for the same variety to third parties. The licensee is
not entitled to transfer his or her rights to another person
unless such agreement is provided for in the licence.
Section 30. Exclusive License
Upon receiving an exclusive licence, the licensee shall
acquire exclusive rights to utilise a variety in accordance with
the provisions provided for in a licence contract. The licensor
shall retain the right to utilise the variety to the extent
provided for in the agreement.
Section 31. Free Right of Use
(1) An owner of the breeder's right upon an agreement with the
State Plant Protection Service has the right to publish a notice
that any person for an appropriate remuneration is entitled to
utilise a variety from the day the owner of the breeder's right
has been informed in writing thereof and the licence contract has
been registered in the State Plant Protection Service.
(2) If the free right of use has been announced, the fee for
the protection of a plant variety shall be reduced by 50 per cent
starting with 1 January of the following year.
(3) Based on an application of an owner of the breeder's right
and after receiving the consent of all owners of free right of
use, the State Plant Protection Service is entitled to cancel the
operation of the free right of use.
Section 32. Compulsory Licence
(1) If the market is not provided with propagating material of
a protected variety that is significant for the State economy or
the interests of the public, any person who wishes to produce and
sell such a variety in Latvia, has the right to bring an action
in a court for the granting of a compulsory licence. The
compulsory licence shall also include the right to receive the
propagating material from the owner of the breeder's right.
(2) The State Plant Protection Service shall issue a
compulsory licence on the basis of a court adjudication and make
a relevant entry in the Register thereof. The court shall also
determine the level of utilisation of the variety and other
licensing provisions. The remuneration for utilisation of a
variety shall be the same as for a non-exclusive licence for the
relevant species. Depending on the circumstances of the case, the
court may cancel the compulsory licence or determine new
licensing provisions.
Section 32.1
Implementation of Breeder's Rights if a Biotechnological
Invention is Protected by a Patent
(1) If a breeder wants to acquire breeder's rights to a plant
variety or to utilise it using a protected biotechnological
invention, he or she shall obtain a licence for the utilisation
of the biotechnological invention and pay remuneration for
this.
(2) A breeder may apply for a compulsory licence for the
non-restricted utilisation of an invention protected by a patent
if:
1) the acquisition of an ordinary licence from the owner of
the patent has not been successful;
2) he or she can prove that the protected variety constitutes
significant technical progress of considerable economic
importance compared with the invention claimed in the patent.
(3) If the owner of the patent utilises a variety protected
with a breeder's right, the owner of the breeder's right has the
right to apply for a cross-licence and remuneration.
[17 November 2005]
Section 33. Certification or
Conformity Assessment of Propagating Material
The certification or conformity assessment of the propagating
material of varieties for which the breeder's right has been
granted in Latvia or they are protected by European Union
breeder's rights shall be carried out if the grower or the
processor of the propagating material is an owner of breeder's
right or he or she has a licence contract registered with the
State Plant Protection Service.
[17 November 2005]
Section 34. Examination of Variety
during Protection Period Thereof
(1) In order to examine the uniformity and stability of a
variety during its protection period, the State Plant Protection
Service has the right to request that the owner of breeder's
right provides the propagating material, documentation and other
information that is necessary for the performance of an
examination.
(2) [17 November 2005]
[17 November 2005]
Section 35. Provision of Information
regarding the Use of a Protected Variety
(1) Upon the request of the owner of breeder's right or
authorised representative thereof, agricultural production
producers or processors of seed shall provide him or her with the
information regarding the production, propagation, processing and
sale of the propagating material of a protected variety.
(2) The State Plant Protection Service, upon the request of
the owner of breeder's right or authorised representative
thereof, shall provide information regarding the quantity of
propagating material of a protected variety prepared for
sale.
(3) The Rural Support Service, upon the request of the owner
of breeder's right or authorised representative thereof, shall
provide information regarding the area of agricultural production
of the species referred to in Section 24, Paragraph one of this
Law.
[17 June 2010]
Section 35.1 Co-operation
of Agricultural Societies in the Field of Breeders' Right
Protection
The owner of breeder's right or authorised representative
thereof shall determine the remuneration for annual use of a
protected variety upon mutual agreement with the agricultural
associations.
[17 June 2010]
Chapter IV
Loss of Effect and Cancellation of Breeder's Right
Section 36. Loss of Effect of
Breeder's Right
(1) Breeder's right shall loose effect if at least one of the
following circumstances arise:
1) the owner of breeder's right has not paid the State fee in
accordance with Section 22 of this Law.
2) the owner of breeder's right does not provide the
propagating material, documentation or other materials that are
necessary for the examination of maintenance of a variety;
3) provisions of Sections 6 or 7 of this Law are no longer
complied with;
4) the owner of breeder's right himself or herself notifies in
writing that he or she waives the breeder's right;
5) the State Plant Protection Service has recognised the
denomination of a variety as unsuitable and the owner of
breeder's right within three months has not proposed a new
denomination conforming to the provisions of Section 20 of this
Law.
(2) If there is a legal basis to construe that the breeder's
right has lost effect, the State Plant Protection Service prior
to taking the decision shall notify the owner of breeder's right
thereof by specifying the reason of such an action, as well as by
providing a time period for the rectification of the
circumstances referred to in Paragraph one of this Section.
Section 37. Cancellation of
Breeder's Right
The breeder's right shall be cancelled in any of the following
cases:
1) in taking a decision on the granting of the breeder's right
the provisions of Sections 4 or 5 of this Law have not been
complied with;
2) the granting of the breeder's right has been mainly based
on the information and documents provided by a breeder, but in
taking a decision on granting the breeder's right the provisions
of Sections 6 or 7 of this Law have not been complied with;
3) the breeder's right has been granted to a person who has no
legal rights thereto.
Chapter V
Liability for Infringement of Breeder's Right
Section 37.1 Right to
Submit an Application to the Court Regarding Infringement of
Breeder's Right
An owner of breeder's right, a successor of rights or an
authorised representative thereof (hereinafter - claimant) may
submit to the court an application regarding infringement of
breeder's right. The owner of the licence is entitled to submit
the application regarding infringement of breeder's right with
the consent of the owner of breeder's right. The consent of the
owner of breeder's right shall not be necessary if the right of
the owner of the licence to submit independently to the court the
application regarding infringement of breeder's right has been
determined in the contract or the owner of breeder's right does
not submit the application, even though the owner of the licence
has invited him in writing to do it. Any owner of the licence is
entitled to intervene into the matter and to claim a compensation
for the losses incurred by him or her due to an illegal use of
the variety referred to in the licence contract.
[21 December 2006]
Section 38. Procedures for
Determination of the Amount of the Compensation for Losses and
Moral Injury
(1) If infringement of breeder's right has happened due to the
fault of a person, the claimant is entitled to request a
compensation for losses and moral injury caused.
(2) The amount of the compensation for losses and moral injury
shall be determined in accordance with the Civil Law. The
unfairly obtained profit of such person may be taken into
consideration when determining the amount of the compensation for
losses, who has used breeder's right illegally.
(3) If, in accordance with Paragraph two of this Section the
amount of actual losses may not be determined, the amount of the
compensation for losses shall be determined in keeping with the
sum which the claimant might receive if a person who has used
breeder's rights illegally had paid reimbursement for the use of
propagating material.
[21 December 2006]
Section 39. Compensation for Losses
Caused in Relation to the Temporary Protection of a Variety
If a third party utilises a propagating material of a variety,
provisions of this Law in relation to the infringement of the
breeder's right shall be applied from the day of publication of
the application. In such case, only such losses shall be
compensated as relate to the remuneration for the utilisation of
a variety, unless the owner of the breeder's right has warned the
relevant persons of the registration of the application prior to
its publication. The losses shall be compensated from the day of
receipt of the warning, but not earlier than from the day of
registration of the application in the State Plant Protection
Service.
Section 40. Liability for
Infringement of Breeder's Right
Persons who have infringed the breeder's right shall be held
liable in accordance with the procedures prescribed by law.
Transitional Provisions
1. The Law On the Protection of Plant Varieties (Latvijas
Republikas Augstākās Padomes un Valdības Ziņotājs, 1993, No.
18; Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1995, No. 22; 1999, No. 23) is repealed.
[17 November 2005]
2. The Cabinet shall:
1) by 1 January 2006 issue the regulation referred to in
Section 18, Paragraph one of this Law;
2) by 1 June 2006 issue the regulation referred to in Section
14, Paragraph one of this Law; and
3) by 1 December 2007 issue the regulation referred to in
Section 18, Paragraph two of this Law.
[17 November 2005]
3. The provisions of Section 33 of this Law in relation to the
conformity assessment of propagation materials shall come into
force on 1 April 2006.
4. Section 37.1 and the new version of Section 38
of this Law shall come into force on 1 March 2007.
[21 December 2006]
5. The Cabinet shall, by 1 April 2011, issue the regulation
referred to in Section 18, Paragraph five of this Law. Until the
day of coming into force of the relevant Cabinet regulation, but
not longer than until 1 April 2011 the Cabinet Regulation No. 243
of 28 March 2006, Procedures for Organisation or Performance of a
Variety Examination and Taking of Decisions Regarding Recognition
of the Results of a Variety Examination, shall be applied, in so
far as it is not in contradiction with this Law.
[16 December 2010]
6. A variety examination that has been commenced before 1 July
2010 shall be completed in accordance with those regulatory
enactments that were in force at the time of commencing the
variety examination.
[17 June 2010]
7. Amendments to Section 22, Clause 1 of this Law in respect
of the State fee for extension of breeder's right shall come into
force on 1 December 2011.
[17 June 2010]
8. The Cabinet shall, by 1 April 2011, issue the regulation
referred to in Section 18, Paragraph six of this Law regarding
the methodology for examination of distinctness, uniformity and
stability of Japanese (flowering) quince. Until the coming into
force of the relevant Cabinet regulation, but not longer than
until 1 April 2011 the Cabinet Regulation No. 126 of 9 February
2010, Methodology for Examination of Distinctness, Uniformity and
Stability of Japanese (Flowering) Quince, shall be applied, in so
far as it is not in contradiction with this Law.
[16 December 2010]
9. The Cabinet shall, by 1 December 2012, issue the regulation
referred to in Section 18, Paragraph six of this Law, except the
regulation provided for in Paragraph 8 of these Transitional
Provisions regarding the methodology for distinctness, uniformity
and stability of cultivated plants.
[17 June 2010; 16 December
2010]
10. Until 1 January 2012 a performer of a variety examination
in Latvia, who in accordance with the Cabinet Regulation No. 243
of 28 March 2006, Procedures for Organisation or Performance of a
Variety Examination and Taking of Decisions Regarding Recognition
of the Results of a Variety Examination, has entered into an
agreement with the State Plant Protection Service regarding
performance of a variety examination, shall perform a variety
examination in conformity with the provisions of the agreement,
taking into account the requirements of Section 18, Paragraph
three of this Law.
[16 December 2010]
11. A variety examination that has been commenced before 1
January 2011 shall be completed in accordance with those
regulatory enactments that were in force at the time of
commencing the variety examination.
[16 December 2010]
12. Section 18, Paragraph one, Clause 1 and Paragraph two, as
well as Section 22, Clause 4 of this Law shall come into force
from 1 January 2012.
[16 December 2010]
Informative Reference to European
Union Directives
The Law contains legal norms arising from:
1) Directive 98/44/EC of the European Parliament and of the
Council of 6 July 1998 on the legal protection of
biotechnological inventions; and
2) Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual
property rights.
[17 November 2005; 21 December
2006]
This Law has been adopted by the Saeima on 2 May
2002.
President V. Vīķe-Freiberga
Rīga, 17 May 2002
1 The Parliament of the Republic of
Latvia
Translation © 2013 Valsts valodas centrs (State
Language Centre)
