New Plant Varieties
– Act No. 408/2000 of October 25, 2000 on the Protection of Plant Variety Rights and the Amendment to Act No. 92/1996 on Plant Varieties, Seed and Planting Material of Cultivated Plants, as last amended (Act on the Protection of Plant Variety Rights), in force since February 1, 2001, and amended by Acts Nos. 147/2002, 149/2002, 219/2003, 377/2005, 554/2005, 184/2008, 227/2009, 281/2009, and 279/2013.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), since January 1, 1993, 1991 Act since November 24, 2002.
Definition: plant variety rights means rights and obligations to plant varieties resulting from an effective decision of the Central Institute for Supervising and Testing in Agriculture.
Conditions for protection: the plant variety right may be granted to varieties of all plant genera and species, including hybrids between genera and species. The plant variety right may be granted to the variety which satisfies conditions of (a) novelty; (b) distinctiveness; (c) uniformity; and (d) stability.
Filing Office: the Central Institute for Supervising and Testing in Agriculture (the Institute).
Publication: in the Bulletin of the Institute.
Objections: within three months from the publication.
Examination: the Institute shall decide on the granting of Breeder’s Certificate.
Duration: the plant variety rights may be maintained until the end of the twenty-fifth year following the year in which the grant of such rights came into effect. For protected varieties of trees, hops, vines and potatoes, rights may be maintained until the end of the thirtieth year following the year in which the grant of such rights came into effect.
Modification of Protection after Registration
Termination of validity: (1) if the term of validity has elapsed; (2) if the owner of the Certificate has failed to pay in due course the administrative fee; (3) if the owner renounces the Certificate; (4) if the Certificate is annulled.
Settlement of disputes: civil courts are competent to resolve disputes.
Compulsory licenses: possible; granted by the Ministry of Agriculture.
Transfer: possible through a written agreement. The agreement shall come into force on the day of its entry in the Register.