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Plant Variety Rights

Based on Act No. 408/2000 Coll. of 25 October 2000, on the Protection of Plant Variety Rights, as amended, the Czech Republic provides for the protection of plant varieties of all plant genera and species by plant breeder's rights. Plant varieties as such are excluded from the Czech patent law.

The Czech Republic, Member of the UPOV since January 1, 1993, continues the 1991 accession of former Czechoslovakia ratified the UPOV Act of 1978. On October 24, 2002, the Czech Republic deposited with the Office of the Union its instrument of accession to the 1991 Act of the UPOV Convention, which entered into force for the Czech Republic on November 24, 2002.

Responsible athorities:

  • Central Institute for Supervising and Testing in Agriculture (UKZUZ)
  • Ministry of Agriculture - for procedures on appeals and compulsory licences
    • Plant variety rights may be granted to varieties of all plant genera and species.
    • The plant variety rights may be granted to the variety, which satisfies conditions of novelty, distinctness, uniformity, and stability.
    • The variety denomination must comply with the conditions laid down by the Act.
    • Duration of the rights shall run until the end of the twenty-fifth year after the year in which the grant of such rights came into effect; for varieties of trees, hops, vine and potatoes, until the end of the thirtieth year.

The following acts of use of the propagating material of the protected variety require an authorization of the holder of rights:

  • production or propagation,
  • conditioning for the purpose of propagation,
  • offering for sale,
  • sale or other marketing,
  • export, import and
  • stocking for these purposes.

This provision also relates to the harvested material of the protected variety, if obtained from the propagating material of the protected variety without authorization by the holder of rights who could not exercise these rights in respect of the above propagating material.

These provisions also relate to:

  • varieties essentially derived from the protected variety,
  • varieties which are not distinct from the protected variety,
  • varieties whose production requires the repeated use of the protected variety.

Derogating from the provisions above, farmers are authorized to use "farm saved seed" of protected varieties of particular agricultural species, provided an equitable remuneration to the holder is paid. Small farmers (ca 25 ha) shall not be required to pay any remuneration to the holder of rights.

The following acts of exploitation of the protected variety shall not require any authorization of the holder of rights:

  • use for research purposes,
  • use for breeding purposes,
  • use done privately and for non-commercial purposes.

Plant species to which provisions on the "agricultural exemption", authorizing farmers to use "farm saved seed" of the protected variety (except of a hybrid or synthetic variety), shall only apply:

Avena sativa L.
Hordeum vulgare L.
Secale cereale L.
Triticosecale Wittm.
Triticum aestivum L. emend. Fiori et Paol.
Triticum durum Desf.
Triticum spelta L.
Lupinus luteus L.
Medicago sativa L.
Pisum sativum L. (partim)
Trifolium alexandrinum L.
Trifolium resupinatum L.
Vicia faba L.
Vicia sativa L.
Solanum tuberosum L.
Brassica napus L. (partim)
Brassica rapa L. (partim)
Linum usitatissimum L.
Oats
Barley
Rye
Triticale
Common wheat
Durum wheat
Spelt wheat
Yellow lupin
Lucerne
Field pea
Berseem/Egyptian clover
Persian clover
Field bean
Common vetch
Potatoes
Swede rape
Turnip rape
Linseed (except flax)