Skip to main content
page 6 The breeder’s right shall cover: − the protected plant variety; − any variety that is not clearly different from the protected variety; − any variety essentially derived from the protected variety if the latter is predominantly essentially derived from another variety; − any variety whose production requires the repeated use of the protected variety. Article 23 The breeder’s right shall not extend to: − acts done privately for experimental purposes without being of a commercial nature; − operations carried out as part of teaching or scientific research for the purpose of the creation of new varieties. Article 24 Notwithstanding the provisions of Articles 21 and 22 of this Law, certain new plant varieties of extreme importance for the life of man or animals may be subject to a compulsory authorization to exploit. A compulsory authorization to exploit shall be given by an order of the Minister responsible for agriculture. As from publication of the order concerned, the competent authority may allocate exploitation of the new plant variety that is the subject matter of the certificate to specialized public establishments or to organisms or to private persons having the necessary technical and professional capabilities in that field. The holder of the breeder’s right shall be awarded equitable compensation for the exploitation of the variety concerned or the transfer of revenue received from private persons in that same respect. In either case, the amounts shall be agreed amicably. In the event of disagreement, the competent judicial authority shall lay down the amounts concerned. Article 25 The breeders’ rights shall subsist for 20 years for ordinary varieties and for 25 years for varieties where development of the production elements necessitates longer timescales. Those periods shall begin to run as from the grant of the new plant variety certificate. Article 26 Ownership of a new plant variety created by a public research official in the execution of his duties shall belong to the State, represented by the public establishment to which he belongs. The name of the official who has created the variety shall be entered on the new plant variety certificate.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents