This is an unofficial translation of the law (2020:544) amending the Plant Breeders' Rights Act (1997:306). Should there be any differences between this translation and the authentic Swedish text, the authentic Swedish text will prevail.
Law (2020:544) amending the Plant Breeders' Rights Act (1997:306)
Issued on the 17th of June 2020
Chapter 9 Article 1 Anyone who intentionally or by gross negligence infringes a plant breeder´s right is punishable for plant breeder´s right violation with a fine or imprisonment for up to two years.
If the violation was committed intentionally and is considered serious, the person is punishable for serious plant breeder´s right violation with imprisonment for a minimum of six months up to a maximum of six years. When assessing whether the violation is serious, particular consideration has to be given to whether the act concerned
1. has been preceded by particular planning, 2. was part of criminal activities conducted in an organised form, 3. was conducted on a large scale, 4. was otherwise of a particularly dangerous nature. Anyone who has violated an injunction issued with a penalty of a fine
pursuant to Article 2, must not be held liable for infringements covered by the injunction.
Responsibility is assigned under Chapter 23 of the Criminal Code for attempting to commit or preparation of plant breeder´s right violation or serious plant breeder´s right violation.
The prosecutor may initiate a prosecution for violations referred to in this Article only if the prosecution is motivated for being in the public interest. (Act 2020:544)
This Act enters into force on the 1 September 2020.
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