About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Croatia

HR068

Back

Act of October 21, 2011, on Amendments to the Plant Variety Protection Act (promulgated by Decision No. 71-05-03/1-11-2 of October 26, 2011)

 Act on Amendments to the Plant Variety Protection Act of October 21, 2011

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

24

Act on Amendments to the Plant Variety Protection Act of October 21, 20112

(adoption date: October 21, 2011; entry into force: November 3, 2011)

THE CROATIAN PARLIAMENT 2481

Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby issue the

DECISION

PROMULGATING THE ACT ON AMENDMENTS TO

THE PLANT VARIETY PROTECTION ACT

I hereby promulgate the Act on Amendments to the Plant Variety Protection Act, passed by the

Croatian Parliament at its session on 21 October 2011.

Class: 011-01/11-01/204

Reg. No.: 71-05-03/1-11-2

Zagreb, 26 October 2011

The President

of the Republic of Croatia

Ivo Josipović, m. p.

THE ACT

ON AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT

Article 1

In the Plant Variety Protection Act (Official Gazette 131/97, 62/00 and 67/08), in Article 1, a

new paragraph 2 is added which reads:

“(2) This Act contains the provisions aligned with the following legislation of the European

Union: Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

(SL L 227, 1. 9. 1994).”

Article 2

After Article 12a, a new Article 12b is added which reads:

“Article 12b

(1) Plant breeder's right shall not be violated in cases where harvested material of the

protected variety for certain plant species, which the farmer obtained by planting on his own

holding, is used for propagating purposes on his own agricultural holding.

(2) A farmer who realises the possibility referred to in paragraph 1 of this Article shall pay an

equitable remuneration to the holder of plant breeder's right, which is lower than the licence

paid by the seed producer.

(3) A farmer who realises the possibility referred to in paragraph 1 of this Article shall, on

request by the holder of the plant breeder's right, submit information on the sawn/planted

areas.

(4) Small farmers shall not be required to pay any remuneration in respect of the possibilities

laid down in paragraph 1 of this Article.

(5) The Minister shall stipulate the criteria for determining small farmers of the plant species to

which the provision of paragraph 1 of this Article applies.

2 Translation provided by the Croatian Authorities.

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

25

(6) When using the harvested material referred to in paragraph 1 of this Article for

propagating purposes on his own agricultural holding, the farmer shall act in accordance with

the regulations covering the plant health whereby he shall, in particular, take account of

protection of the crops from harmful organisms which were planted by using the mentioned

material.“

Article 3

(1) The varieties referred to in Article 7, paragraph 1 of the Plant Variety Protection Act

(Official Gazette 131/97, 62/00 and 67/08) may be subject to plant breeders' rights from 1

September 2011.

(2) By way of derogation from Article 8, paragraph 1 of the Plant Variety Protection Act

(Official Gazette 131/97, 62/00 and 67/08), for all plant varieties except: wheat, barley, oats,

maize, common sunflower, soya bean, oilseed rape, sugar beat, potato, lucerne, peas, fodder

kale, pear, poplar and willow, the plant variety breeder or his successor in title shall be entitled

to submit an application for the grant of a plant breeder's right until 1 September 2012.

Article 4

This Act shall enter into force on the eighth day after the day of its publication in the Official

Gazette.

Class: 320-20/11-01/03

Zagreb, 21 October 2011

THE CROATIAN PARLIAMENT

The President of the Croatian Parliament

Luka Bebić, m.p.