NEW AMENDMENTS TO THE LAW NO.255/1998 GRANTING THE PROTECTION OF THE NEW PLANT VARIETIES
June 02, 2006
In the Official Gazette no.409/11.05.2006 was published the Law no.
119/04.05.2006 which amended the Law no.255/1998 granting the
protection of the new plant varieties.
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During the accession process to the European Union, Romania has
engaged to implementing the provisions of the communitarian acquis in
respect to the protection of the new plant varieties, therefore the
amendments and completions of the Law no.255/1998 are mostly
referring to the relation between the communitarian and the national
protection of the new plant varieties and to the possibility of the
Romanian breeders to protect their creation at the Community Office,
starting with from the accession moment.
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The Law 119/04.2005 has in particular amended and completed the
following aspects: the definition of breeder; the UPOV Convention;
the Community Office for the protection of plant varieties;
distinctiveness; the right for a new plant variety patent; the
deposit of a request for a new plant variety; the testing procedure;
the oral procedure in case of litigations; the revocation procedure;
the implied taxes; the duration of the protection differentiated by
the genera and species; the exceptions from the patent owner rights;
the farmer's privilege; the assignment of rights; the cancellation
procedure; the mandatory license; the way of appeal; the infringement
action; the competences of the State Office for Inventions and
Trademarks and of the Ministry of Agriculture, Forests and Rural
Development; and finally the registration procedure.
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In the amending process were taken into consideration for
implementation the following regulations: Regulation no.1238/95/CE
and no.1239/95/CE regarding the examination procedure and the
examination taxes for the communitarian protection of the new plant
variety; Regulation no.1768/95/CE for the implementation of art.14
align (3) of the Regulation no.2100/94/CE; Regulation no.2605/98/CE
regarding the farmer's privilege; Regulation no.2470/96/CE regarding
the extension of the protection period for potatoes.
As soon as a certified legal translation of the new law is going to
be available we will post it on our web site.
