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Act (1971:392) on the Protection of Plant Breeder's Rights (as amended up to Act (1994:236)), Sweden

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Superseded Text 
Year of Version 1994 Dates Entry into force: July 1, 1971 Adopted: May 27, 1971 Type of Text Main IP Laws Subject Matter Plant Variety Protection, Enforcement of IP and Related Laws, IP Regulatory Body Notes The Act contains provisions on the plant breeder' rights granted for the botanical genera and species referred to in Annex to the Act, on condition that registration is effected, upon application, in the Plant Species Register kept by the Government Plant Species Board. The term of protection is 20 years from the beginning of the year when the decision on the registration took legal force. Infringement of a plant breeder's right may entail criminal liability (fines or imprisonement for not more than two years), prohibition under penalty of a fine to continue an infringing activity, and compensation for damages.

The basic provisions on enforcement of intellectual property law are included in Article 36 and following of the Plant Breeders' Protection Act.
The civil and judicial procedures and remedies, and provisions on provisional judicial measures of intellectual property law are included in Article 36 a and following of the Plant Breeders' Protection Act.
The provisions on criminal procedures available for infringement of intellectual property law are included in Article 36 of the Plant Breeders' Protection Act.


Available Texts Main text(s) Main text(s) Swedish Växtförädlarrättslag (1971:392) (i ändrad lydelse upp till Lag (1994:236)) PDF HTML
Legislation Is superseded by (1 text(s)) Is superseded by (1 text(s))
Plant Variety Protection Act (1971:392) (repealed by Act (1997:306)) (SE088)

WTO Document Reference
IP/N/1/SWE/P/2

WIPO Lex No. SE004