– The Plant Breeder's Rights Act (1279/2009), entered into force on January 1, 2010, last amended on July 1, 2021.

– International Convention for the Protection of New Varieties of Plants (UPOV), since April 16, 1993, 1991 Act since July 20, 2001.

Applicant: may be a natural person, legal person, or body which may be equated with legal entities, persons equated with an institution. Two or more persons may apply jointly. The applicant may be the breeder or his legal successor.

Conditions for protection: a plant breeder’s right is granted if the variety is novel, distinct from other known varieties, uniform as regards plant growth and stable as regards its relevant characteristics. 

Novelty: a variety is not considered novel if propagating or harvested material of the variety has been sold or otherwise disposed of to others with the consent of the plant breeder’s right holder for purposes of exploitation of the variety: (1) in Finland for more than one year before the filing of the application; (2) abroad for more than six years before the filing of the application in the case of a tree or vine; or (3) a plant breeder’s right may not be granted if the variety is covered by Community protection under Council Regulation (EC) No. 2100/84 on Community plant variety rights.

Filing requirements for an application (to be sent to resident agent):
1. Application form stating name, contact information, personal or business identity code and place of domicile of the applicant and possible agent as well as the name and contact information of the breeder;
2. Proposal for variety denomination and account of the use of the variety denomination as well as breeder’s reference;
3. Plant genus and species;
4. Information on the origin of the variety, protection in another state and test results;
5. Information on whether right of priority is applied for as well as where and when earlier applications have been filed;
6. Assurance that the variety has not been marketed in a way referred to in section 11(2) of the Plant Breeder’s Right Act prior to the filing of the application;
7. An account of whether the variety has been approved under the Gene Technology Act (377/1995) or Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed.

Notes: the application must be filed in writing to the Finnish Food Authority (Ruokavirasto, previously Evira) in Finnish, Swedish or English. The date when the application documents are filed and the application fee paid is entered as the date of application. The date when the application documents are filed and the application fee paid is entered as the date of application. 

Minimum requirements to obtain a filing date: name and contact information of the applicant, plant genus and species, variety denomination and breeder’s reference.

The Finnish Food Authority organizes the examination of the variety upon request by the applicant and according to international methods to find out whether the variety is distinct, uniform and stable, unless the examination is to be considered unnecessary for special reasons. The applicant must deliver the necessary material of the variety and other necessary information to the Finnish Food Authority or the party which conducts the examination.

The Finnish Food Authority must reserve the general public the opportunity to make oppositions concerning the application by publishing the identification information of the application. Claims concerning the application must be filed to the Finnish Food Authority in writing within a set time period of three months from the publication of the application. The Finnish Food Authority investigates, after the expiry of the time period reserved for filing oppositions, whether the variety fulfills the requirements set in section 11 of the Plant Breeder's Right Act, as well as makes the decision on the approval of the plant breeder's right. Decisions concerning the application and cancellations are published and decisions concerning approved applications are entered in the Register of Plant Breeder's Rights.

Validity: a plant breeder’s right is valid as from the date when the Finnish Food Authority has made the approval decision. The right may be maintained in force for thirty years from the beginning of the year following the approval decision, by paying an annual fee by the end of January of each calendar year. The validity of plant breeder’s right expires if a Community plant variety right to the protected variety is granted to the applicant. 

Supplementary Protection Certificates (SPCs) for plant protection products: EC Regulation No. 1610/96 came into force on February 8, 1997 allowing obtaining of SPCs in Finland. The application must be filed with the Patent Office within six months from the grant of the authorization to market the product, or the grant of the patent for the product, whichever date is later. Filing requirements are the same as those applied to SPCs applications for medical products, except that SPC for plant protection products will also be granted for compositions not only compounds.

Annuities: fall due on the 31st of January each year after a registration has been granted.