WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/SVK/P/l 
24 August 1999 
(99-3518) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
SLOVAK REPUBLIC 
By means of a communication from its Permanent Mission, dated 8 July 1999, the Slovak 
Republic has complemented its initial notification of laws and regulations under Article 63.2, by the 
submission of Law N° 132/189 ColI. on the Protection of Rights to New Plants and Animal Breeds, 
the translation' of which is reproduced below. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE SLOV AQUE 
Par une communication de sa Mission permanente, datee du 8 juillet 1999, la Republique 
slovaque a complete la notification initiale de ses lois et reglementations au titre de l'article 63:2, en 
fournissant le texte de la Loi nO 1321189 ColI. sur la protection des droits relatifs aux nouvelles 
obtentions vegetales et animales, dont la traduction' figure ci-apres. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P.ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
REPUBLICA ESLOVACA 
Mediante una comunicacion de su Mision Permanente, de fecha 8 de julio de 1999, la 
Republica Eslovaca ha presentado la Ley N° 132/189 ColI. relativa a la proteccion de derechos 
concernientes a nuevas obtenciones vegetales y animales, cuya traduccion1 se reproduce a 
continuaci6n, con 10 que completa la notificaci6n inicial de leyes y reglamentos hecha en virtud de 10 
dispuesto en el p{mafo 2 del articulo 63. 
1 In English only/en anglais seulement/en inglt~s solamente. IP/N/lISVKlPIl 
Page 2 
A( ''I' 
dl1tcd (') NOVf'lIIh(,1 (flRC) 
on (he Proleclillll nfRighls of New V'llietir:; II"d !\lIilllnl Bleed:; 
Alllctldrd: 22/19% ('Clll. I ,aw~ 
rederal As~elllhl'y (lr the (:7.erho:;I(lVflk S(l{'il1li:;t 
Rcpuhlic ha:; ndoptrd thp 1i111Cl\villJ,!. 
C;IGNIi:HAL I'HO\'IS1()NS 
rUID'OSE AND SCOrE 01' AI'PLICATLON OF THE LAW 
(I )The purpose of this Law i5 to regulate the I ighl:; cHld duties arising ror physical alltl 
legal persons from the creatioll of new vClrietie:; (If plmlts (lIereinai1er rererred to as " 
varieties ") and breeds of animals (hereiIlCli1el le((>lred 10 as " hleeds ") ,,,,<I fr(l/ll their 
commercial exploitation. 
(2) This Law applies to the varietil.'s of fill gellrm find s(lt'cies of plants and thost' 
breeds of animals which eRn be listed in fI geJlt'rnll.v himling regulation. 1) 
(3) This Law shall not nJlJlly to -nllY illdustl'inlly PI'IHI\I('ed mkro-orgallisms, 
biotechnological prodllcers stnd I'I'Odl1l'CS ohtnined hy (he help of the same which 
are patentnble. In) 
1) The Act of the Federal Ministry of Agi'iclIlturellnd Nutrition 13411989. Coli. 
containing the list of economically important genera and species or plants and 
animals, as amended by the Act of the Pedernl Ministry of Economy 515/1991 
Coil. 
1 a) Art: 4, item c) of the Law 527/l990 Coli. Oil inventories, industrial patterns, :\ml 
innovations. Alfl'lCLE 2 
DEFINITION OF TERMS IPINllISVKlP/l 
Page 3 
For the purposes of this Law, the following words shnll hav£' the following mCllning: 
a) "Variety" shall mean n set of plants within a COllllllon lowest botnniclll tnxon 
which, regardless of whether the terms for granting on Rreeder 's Certificntc llre 
fulfilled; may be: 
1. defined by the expression of chnracteristics nrising from the given genotype 
or a combination of genotypes 
2. distinguished from any other set of plnllts hy the exp"ession of nt least ClIIC 
of the said characteristics 
3. deemed to be unified owing to its ability to remain unchanged in 
propagation 
b) the propagating material of varieties shall Illenn seeds and plantings, ns well as 
plants and their parts designated for further propngntion, 
c) a "breed" refers to nil nnimal populntion derived frolll n single origin, with 
charncteristic morphological and physiological reatUl'es, capnble of reproduction; 
besides "breed", this includes its lower taxons -races, strains and lines, as \yell as 
their hybrids, and eventunlly also utility breeds of farm animals 
d) animal breeds' "propngating material" refers to Jiving nnill1111s, semen, oocytes, 
embryos and eggs to be used for further propagation 
e) the "creation" of a variety or a breed within the activities of n Slovnk organisation 
shall mean the creation, development or discovery of n variety or n hreed in 
connection with the fulfilment of duties arising from the employment contract, 
any membership or business relation to SHch organisation or nny body under its 
material support 
f) the "commercial exploitation" of varieties nnd breeds shall include in respect of 
the propagating material or harvesting material of vnrieties and the propagating 
material of breeds -(i) the manufacture for sale (ii) treatment for the purpose of 
propagation (iii) the offering for sale (iv) the snle of (v) and the storing 
propagating material, harvesting material of varieties and propngating material 
of breeds and storing the same, 
g) "Breeder" shall mean: 
1. any natural person who discovered, developed or hy his O'tYIl bl'eeding created 
a variety or a breed: 
1.1. beyond any activities of a Slovak organisation Oil his own accolllltin and 
his own name, or who has, on his own account, arranged by a contract in 
his own name a discovery, development, or creation of n new variety or 
breed by any third person 
1.2. within the activities of a Slovak organisation during his employment, or a 
similar working relationship, on such an orgallisntion's account and ill its 
name (hereinafter referred to as the 11 author "), 
while the position of a natural person may be held by several persons, 
provided, they have been engaged in the discovery, development, or creation 
of a variety or a breed by their' OWII breeding research 
2. any legal person, who: IP/N/1/SYKlP/l 
Page 4 
2.1. is an employer of a natural person referred to in clause 1.2. above, when 
the costs of discovery, development, 01" creation of the new VMicty or n 
breed have been covered in its full or partial amount, 
2.2. has the right of ownership or an ecollolilic ri~ht in respect of a variety or 
a breed, 
while the position of a legal persoll llIay be held hy several persons, provided 
that the variety or hreed, have been discove."ed. developed, ()I" created under 
their material support, 
3. any legal successor of the IlRtural person or the legal llcrson referred to in 
clauses 1 and 2 above, 
4. any foreign naturalpersoll or any fore~gll legal persoll who has the rigl_lt to 
dispose of the variety or breed, having a contractual agent within the 
territory of the Slovak Republic,lh) 
h) the "applicant" shall meall a breedel" who is entitled to file all application for the 
protection of a variety or a breed; the natural person shall be entitled file such an 
application only if the variety or breed has been discovered, developed or created 
by his own breeding research, in-his own name and on his own account beyond 
any activities of a Slovak organisation; an applicant lUay be represented ,-?y 
several breeders provided that the variety or the breed has been discovered, 
developed or created hy their material sUJlJlort 
i) a holder of the Breeder's Certificate shall mean anyone who has heen granted the 
Breeder's Certificate, or his. legal successor. 
PART TWO 
THE GRANTING OF THE BREEDER'S CERTIFICATE AND THE RIGHTS 
AND DUTIES OF BREEDERS AND ORIGINATORS 
ARTICLE 3 
(1) The applicant shall be granted, 011 the basis of his application, a Breeder's Certificate 
in respect of a variety or a breed that complies with the conditions laid down in 
Articles 4 to 6. 
(2) The Breeder's Certificate is to certi(y. 
(a) the creation of a variety or a breed; 
(b) the name of the variety or the breed, with an indication of the species (genus); 
(c) the holder of the Breeder's Certificate by stating the variety or breed's trade 
name and· seat, only if a legal person, and his name, surname, :ll1d permanent 
. residence is a natural person 
(d) the right of the owner of the Breeder's Certificate to exploit the variety or the breed 
commercially 
(e) the dates of commencement and termination of the protection of the rights in respect 
of the variety or the breed 
1 b) Art. 566 et seq. of the Commercial Code. ARTICLE 4 IPINIl/SVKlPIl 
PageS 
CONDITIONS FOR TilE GRANTING BREEDER'S CERTIFICATE IN 
RESPECT OF A VARlETY 
(1) The conditions for the granting of n IlreedE."J' 's C('rtifif:ltt' ill respect of n vnriefy 
shall be satisfied if the variety is: 
a} distinct, 
b) uniform,_ 
c) stable, and 
d) new. 
(2) The variety is distinguished if it is c1enrly distinct by the wny of expression of at 
least one describable allll well distinguished important characteristic (property) 
or expression of a combination of characteristics (properties) from any other' 
variety generally known about upon the date of the filing of the application. 
(3) The variety is consistent if it remains sufficiently uniform in the expression of 
those characteristics that are found in the tests for its distillguished character, as 
well as in the expression of any other characteristics l'efelTed to ill the variety­
description, save for any deviations which may arise from certain peculiarities of 
propagation. 
(4) The variety is stable if it maintains its original distinguished charncteristics in 
each generation or after each cycle of Jlropagation. 
(5) The variety is "new" if its propagating or harvesting material has not been sold 
or otherwise disposed to others: 
a) within the territory of the Slovak Republic previous to onE." year before the 
date of the filing the application (Art. 16), 
b) within the territory of any other country: 
1. in the case of varieties of fruit trees, forest or garden woods, or vines, 
previous to six years before the date of filing the fI(lfllication, 
2. in the case of varieties of any other species, previous to -four years before the 
date of the filing the application. 
(6) The varieties of genera and species of plants to which this Law has not applied 
until this day, shall be deemed to be new even if they do not fulfil the conditions 
stipulated in the clause above. 
(7) A variety shall also be deemed to be new if propagating or harvesting matedal 
has been sold or otherwise disposed of to others without the breeder's consent. 
(8) For the purposes of this Law, a variety shall 110t be deemed to be sold or 
-otherwise disposeil to others and thus -it is deemed to be new -also in cases where 
its propagating or harvesting materi~l: 
a) has been provided, under the terms and conditions stipulated in the Law, to the 
Ministry. of Agriculture of the Slovak RepUblic (hereinafter referred to as the" 
Ministry") or any professional authority or organisation apJlointed by the JP /N/l/SVKIP /1 
Page 6 
Ministry for the purpose of determining characteristics and properties of the 
variety 
b) has been used for a discovery, development or creation of :my othe,' variety 
c) has been produced, propagated, treated after ha'rv~st or stored by a third, person 
under a contract, le) provided the breeder has 'continued to hold the exclusive 
right to the disposal of such propagating material of the variety; this shall not 
apply if the propagating material has been used as a component for the 
production of a hybrid variety which has been sold or othenvise disposed of to 
others 
d) has been provided to a person '''ho has been engaged ill his own activity 01', by 
way-of his material support, in the discovel1', development, or neation of the 
variety; unless said material is further sold 01' 9thenvise disposed of to others by 
such a person 
e) has been used by a third party for experimental purposes 
I) has been exhibited ill any official or officially acknowledged exhibition under an 
international treaty. Id) 
(9) For the purpose of reviewing the terms and conditions fOl' granting a Breeder's 
Certificate in respect of a variety, any other variety shall become generally 
known on the date of filing for all application in the Slnvak Republic or abroad, 
provided that the application leads to the gnllltillg of thl' nreedel' 's Cerlil1cnte 
or entry into the lIatiollallist of varieties. 
t\ RTICLF.: 5 
CONDITIONS FOR THE GRANTING OF A BREEDER'S CERTIFICATE IN 
RESPECT OF A BREED 
(1) The conditions for the granting of a Breeder's Certificate ill respect of a breed to 
which special provisions le) apply shall be deemed to be complied with if the breed has 
been certified or released pursuant to the said special provisions less than one year 
before the filing of the application (Article 16) 
(2) The conditions for the granting of the Breeder's Certificate ill respect of a breed to 
which special provisions le) do not apply shall be deemed la be complied with if the 
breed is: 
a) distinct by way of at least one major trait or property from any other breed that is 
commonly known of upon the date of the filing of the application 
lc) Art. 527 and Art. 536 of the Commercial Code. 
ld) Convention of International Exhibi~ions executed in Paris on November 22, 1928 
(Collection or Laws and Regulations of the Czechoslovak State No. 46/1932 Coli.) 
le) Law of the Slovak National Council No. J 10/1972 Coli. on the breeding of farm 
animals as amended by the subsequent Law of (he Slovak National Council No. 
25611991- Coli. -
Law No. 10211963 Coli. on fisheries as amended by nn Law No, 229/1991 Coli, IP/N/l/SVKlPIl 
Page 7 
b) uniform to a level that is adequate to the biological properties of the breed concerned 
c) stable in its major traits, while respecting the peculiarities ensuing from the 
environment in which the animals are bred 
d) new 
e) sufficiently large in number for reproduction 
(3) The condition of novelty shall be deemed to be complied with if the breed has not been 
sold or offered for sale: 
a) in the territory of the Slovak Refluhlic for longer than one year before the date of the 
filing of the application, 
b) in the territory of any other State for longer thall six years hefore the date of the filing 
of the application. 
(4) The fact that the breed has been sold or olTered for· sale without the approval of its 
breeder shall not be considered detrimental to its novelty. 
ARTICLE (, 
DENOl\UNATION OF THE VARIETY OR TllE BREED 
(1) Each variety or breed should be labelled by a Ilame which is its genernlnameo If 
the variety or the breed has been permitted or ,oegistered in the Slovak Republic 
pursuant to special regulations 2), it shall hear the name ill accordance with 
these regUlations. 
(2) The denomination of a variety or a breed shall 1I0t: 
a) consist solely of figures, 
b) be identical or liable to cause confusion with a denomination used in the Slovak 
Republic or abroad for a variety or a breed of the same or a related species, or 
otherwise infringe upon the rights of other breeders, 
c) be liable to mislead concerning the value, characteristics or origin of the variety or the 
breed, or the identity of the breeder or originator, 
d) be identical or liable to cause confusion with the trademark, indication of source or 
geographical designation used for the same or similar products, with a famous 
trademark irrespective of the kind of product, or otherwise infringe upon the rights 
and protected interests of other persons, 
e) be contrary to public interests, 
f) be unsuitable for linguistic reasons. 
(3) Foreign varieties or breeds shall retain their original names. Any other name 
may be used only provided that the original name does not comply with 
requirements stipulated in clause 2 above. 
2) Law No.~61l1994 Coil. on the development of plant production as amended by the 
subsequent Law No. 132/1989 Coil. and Law of the Slovak National Council No. 
18411993 Coli. and Law of the Slovak National Couilcil No. 285/1995 Coli. 
Law No. 11011972 Coil. IP/N/1/SVK/P1l 
Page 8 
(4) The right of priority of any third persons in respect of the name of a variety or a 
breed shall not be affected. If the application for the protection of a variety 01' a 
breed shall affect the right ·of priority (Art. 16 clause 2) in respect of the lIame of 
a variety or a breed of a third person, the provision of Art. J 7 clause .I of this 
Law shall apply. 
(5) The Ministry shall be liable for informing the public ahout any proposal of a 
Ilame of a new variety or a breed for the purpose of ellsnring the protection of 
the right of priority in .·espect of the Ilame of n variety 01' a In·eed of third 
persons, and this liability shall be fulfilled hy the timely filing of the application 
pursuant to Art. 18, clause I of this Law. 
(6) In any business use of a variety or a breed, a trademark, a trade nallle 01' n 
similar labelling may be a part of the name of the variety. lIowever, the 
denomination of the variety or the breed should he clearly and easily 
distinguishable. 
ARTICLF: 7 
RIGHTS OF BREEDERS 
(1) The rights of breeders arising from the Breeder's Certificate shall not be 
restricted by any third person in any way, save for in the exceptions stipulated in 
the Law. 
(2) Commercial exploitation of any derived 01' any certain other variety shall be 
possible only with the a written consent of the holder of the Breeder's Certificate 
pertaining to the original variety. The owner of the original variety shall have 
the right to receive at least a reasonable consideration from the commercial lIse 
of any derived variety. 
(3) The "derived variety" shall mean a variety which is substantially derived from 
any protected variety, where the protected variety itself is not a substantially 
derived variety or is not secondarily derived from any variety which itself is 
substantially derived from any original variety, and 
a) retains its essential characteristics resulting from the genotype or a combination 
of genotypes of the original variety, 
b) is clearly distinguishable from the original variety, 
c) substantially corresponds to the original variety in the expression of essential 
characteristics resulting from the genotype or a combination of genotypes of the 
original variety, except in the case of differences- arising from derivation. 
(4) A "certain other variety" shall mean a variety: 
a) which is not clearly distinguishaJ>le from the protected variety (Art. 4, clause 1, 
item a), 
b) of which the production requires repeated use of the variety for which a 
Breeder's Certificate has been granted. IP/N/l/SVK/P1l 
Page 9 
(5) The provIsIOns used for protected varieties shall also apply to any derived 
varieties and certain other varieties accordingly, and 
a) the Bree~er 's Certificate shall show also the owncr of thl' originnl vnriety (Art. 
3, clause 2, item c», 
b) before commencing the commercial exploitation of any derived or certain other 
variety, its owner or any other user shnll agl'ee in writing with the owner of the 
original variety upon the considerntion from thl' COllll1lcl"Cial exploitation of the 
derived or certain other variety (Art. 8, clause I and AI"t. 7, clause 2), othenvise 
he shall not be authorised to commercially exploit the same. 
(6) The breeder, having discovered, developed or created any -vlll'iety or any breed 
within the activities of a Slovak organisation, shnll have the right to have, his 
name shown in the Breeder's Certificate as its author, such right being 
untransferable. 
(7) If more than one breeder contributed through their creative work to the 
discovery, development, or creation of a vnriety or a bt'eed, they shall share their 
rights in proportion to their participation in the crcation of the variety or the 
breed. If the shares of the breeders can no( he determined, they shall be deemed 
to be equal. 
(8) Any breeder, having discovered, developed or crented a variety or a breed within 
the activities of a Slovak organisation, shall h:1\'e the right to expect to receive 
from the holder of the Breeder's Certificate a shat'e from the licellse fees or 
financial benefits from the commercial exploitation of the variety or the breed 
(the right to receive consideration). The agreement upon the cOllsiderntion 
should be made in writing. 
ARTICLE 8 
RIGHTS AND DUTIES ARISING FROM THE BREEDER'S CERTLFICATE 
(1) The owner of the Breeder's Certificate shall have the exclusive right to explOit the 
variety or breed commercially; the variety or breed shall 110t be commercially exploited 
during the period of protection without his consent. 
(2) Slovak organisations which are engaged in the State system of the care of the 
development of animal breeding on the basis of a licence issued pursuant to special 
provisions le) shall not be required to obtain slIch consent if the owner of the Breeder' 
Certificate in respect of a breed is a Slovak legal or physical person, 
le) Law of the Slovak National Council No. 11 0/1972 Coli. 011 the breeding of farm 
animals as amended by the subsequent Law of the Slovak National Council No. 
256/1991 Coli. 
Law No.'102/1963 Coli. on fisheries as amended by an Law No. 229/199l Coil. IPIN/l/SVKfP/l 
Page 10 
(3) The consent of the owner of the Breeder's Certificate shall not be required if the 
variety or the breed serves for the breeding of another variety or breed~ this shall not 
apply to cases where such a variety or breed is used repeatedly as a component for the 
production of another variety or the formation of a!,lother breed for purposes of sale. 
4) The right to commercially exploit a variety or a breed shall also include the right to 
authorise such commercial exploitation to other persons. Such authorisation (licence) 
shall be granted by means of a written contra<.:l which shall include the conditions of 
use and an agreement on the licence fees. 
(5) The holder of the Breeder's Certificate may give his consent foi' a granted 
licence for the following licensed acts: 
a) the production or propagating of propagating material of a variety or a hreed, 
b) treating material for the purposes of propagation 
c) offering for sale, 
d) selling or any othe.' form of trading, 
e) export, 
I) import, 
g) storing for the purposes referred to in suhparagraphs a) through f) ahoye. 
(6) The consent for performing any of the acts referred to in clause 5) above, lIl11y he 
made conditional or restricted by the holder of the Breeder's Certificate, 
(7) The consent of the holder of the B.'eeder 's Certificate shall be .'equired also for 
performing the acts referred to in clause 5, items a) through g) related to the 
harvesting material of a variety or a breed. 
(8) Any products from the propagating material of n variety or a breed and from the 
harvesting material of a variety for which a Breede.-' s Certificate has been 
granted, may be produced under the written consent of the holder of the 
Breeder's Certificate. 
(9) Granting a consent for performing acts pursuant to clauses 5), 6), and 8) above 
shall be required also for any derived varieties and certain other varieties, 
ARTICLE 9 
(1) If a variety or a breed has been created by several originators in the framework of their 
activity -for several Slovak organisations, those organisations shall, as co-owners of the 
Breeder's Certificate, share the rights and duties in respect of the variety or the breed 
at the same ratio as the originators share their rights. 
(2) The rights and duties of the co-owners of the Breeder's Certificate shalt, in relation to 
third persons, be joint and several. As for their mutual claims, they shall settle accounts 
according to their shares. ARTICLE JO 
COlVll)ULSORY LICENCES IP/N/l/SVKlPIl 
Page 11 
(1) If the owner ofa Breeder's Certificate refuses to authorise the commercial exploitation 
of the variety or the breed, or refuses to do so to the extent necessary, the Ministry 
may substitute for his authorisation. in the public interest, a comrulsory licence. 
(2) In the case where a compulsory licence is granted, the owner of the Breeder's 
Certificate shall be entitled to compensation through licence fees. If the owner of the 
breeder' . s Certificate fails to. reach agreement in re~pect _ of the value of the 
compensation with the organisation to the benefit of which the compulsory licence has 
been granted, the decision shall be made. upon the proposal of either of them, by an 
authority referred to in Article 25. due account being taken of the costs of the breeding 
of the variety or the breed and of the financial benefits expected from its cOll1mercial 
exploitation. 
ARTICLE JO A 
OTHER RESTRICTIONS Ul)ON THE BREEDER'S CERTIFICATE 
(1) The following perfonned nctivities shnllnot menn nny loss of rights for the holde-r 
of the Breeder's Certificnte: 
a) for non-business activities, 
b) for testing purposes, 
c) for the purposes of creation, development, 01' discovery another vnricty, 
(2) The rights of the holder of the Breeder's Certificate shall not be nfTected, when 
individual farmers 2R) propagate, on their own land, sllch varieties for which the 
Breeder's Certificates have been granted and use the propagating material 
which was obtained by them by seeding or planting and harvesting on their own 
land. The conditions of this restriction shall be stipulated in the generally valid 
legal regulation to be issued by the Ministry. 
(3) The protection of the rights of the holder of the Breeder's Certificate will not be 
provided pursuant to this Law if the propagating or harvesting mnterial of a 
variety has been provided to any third person by the holder of the Breeder's 
Certificate or upon his consent. However such person shall not use the same: 
a) for any propagation, except in cases when such propagntion was the intentioll of 
providing the same, 
b) for export, except in cases when the exported material is intended for final 
consumption. 
2a) Art. 12a through 12h of the Law I05H'90 Coli. on private enterpreileurs, as 
amended by the Law 219/1991 Coli. IPlNll/SVKlP/l 
Page 12 
ARTICLE 11 
TRANSFER OFTllE BREEDER fS CERTIFICATE 
(1) The owner of the Breeder's Certificate may transfer the Certificate to any other person 
by written contract. All the rights and duties ensuing from the Breeder's Certificate, 
except the rights of the originator, are thus passed on to the new owner. The owner of 
the breeder' s Certificate shall be entitled to request the transferee to pay a financial 
compensation for the transfer. 
(2) A co-owner of the Breeder's Certificate may transfer his share to any other co-owner. 
The Breeder's Certificate may be transferred to a third person only if none of the co­
owners accepts a written offer of transfer within a period of one month. 
(3) The contract relating to the transfer of the Breeder's Certificate shall come into force 
on the day of its entry in the Register of Protected Varieties or in the Register of 
Protected Breeds, both Registers being kept by the Ministry; the entry shall be made 
upon payment of an administrative fee. 3) 
(4) Any change in the person of the owner of the Breeder's Certificate other than through 
transfer in accordance with paragraphs (I) to (3) may only occur in cases determined 
by Law. 
(5) Any change in the person of the owner of the Breeder's Certificate shall be entered in 
the Register of Protected Varieties or in the Register of Protected Breeds. 
ARTICLE 12 
TERMS OF V ALlDITY OF THE BREEDER'S CERTIFICATE 
The Breeder's Certificate shall be in force from the day of the filing of the application: 
a) for 30 years in the case of varieties of hop, grapevine, fruit, ornamental and forest 
woody species and rootstocks thereof, 
b) for 25 years in the case of varieties of other species, 
c) throughout the duration of the breed in the case of breeds. 
3) The Law of the National Council orthe Slovak Republic No. 145/1995 Coli. on 
administrative fees. ARTleLF: 13 IP/N/1/SVKlPIl 
Page 13 
CANCELLATION OF THE BREE"DER 'S CERTlFICATE 
(1) The Ministry shall cancel the Breeder's Certificate, if: 
a) the variety or the breed no longer shows any characteristics of homogeneity and 
stability ascertained at the time of granting the Breeder's Certificate, 
b) the biological and documentary material (or verific!,tion tests (Art. 22) fails to be 
submitted duly and in due time, of within the specified substitute time period, 
c) the payment for performing the verification tests remains unpaid within the 
specified time period, 
d) the holder of the Breeder's Certificate fails to pay the administration fee ill due 
time, 3) 
e) the holder of the Breeder's Certificate shall annOUllce in writing that he waives 
the Breeder's Certificate, 
f) the holder of the Breeder's Certificate fails to propose, within the specified time 
period, any new name of a variety or a breed if the original name has been 
cancelled. 
(2) The cancellation of the Breeder's Certificate shall be entered into the register of 
protected varieties or in the register of the protected breeds and shall be 
published in the Bulletin of the Ministry (hel'einafter referred to as the 
"Bulletin") within three months from the date of its cancellation. 
ARTICLE 14 
PROTECTION OF THE DENOMINATION 
The denomination of a variety or a breed shall be used in the commercial exploitation of 
the variety or the breed and in further breeding. The denomination of the variety or the 
breed shall not be used for any other variety or breed of the same or a related species, not 
even after the termination of the Breeder's Certificate. 
ARTICLE 15 
RELATIONSHIPS 'VITH OTHER COUNTRJES 
(1) Under the condition ofreciprocity,-any foreign physical and legal person shall have the 
same rights and duties as Slovak nationals, if the rights of the owners of Breeder's 
Certificates are involved and where the State (of which the former person is a member 
or where the person has their seat) provides protection in respect of the species of 
3) The Law of the National Council of the Slovak Republic 145/1995 Coil. 011 
administrative fees. IP /N/1/SVKIP /1 
Page 14 
plants or animals concerned. The Breeder's Certificate may be granted despite the fact 
that the above condition is not complied with in cases' deserving special consideration. 
(2) Provisions of international agreements binding 011 the Slo\'ak Republic shall remain 
unaffected. 
PART TIIRE£t: 
PROCEDURE IN RELATION TO THE PROTECTION or VARIETIES AND 
BREEDS 
ARTICLE 16 
FILlNG OF THE APPLICATION 
(1) The applicant (Article 2, item h) shall be entitled to file an application for the 
protection of a variety or a breed. 
(2) The application shall be filed with the Ministry; the filing shall confer a right of priority 
on the applicant. 
(3) The right of priority, as it may be derived from an international agreement, shall be 
claimed already in the application and shall be proved by due evidence within three 
months, failing which such a right of priority shall not be taken into consideration. The 
application shall contain the date and the name of the State of the first filing abroad 
from which the applicant derives his right of priority. 
(4) The Ministry shall enter.the applications in the order in which they have been 
delivered into the Register of Applications for new varieties or into the Register 
of Applications for new breeds. If the applicant fails to pay the administration 
fee 3) when filing the application or 110 later than within the time period set by 
the Ministry, the Ministry shall cancel the entl1' of the application in the 
Register of Applications and shall notify the applicant immediately in writing. At 
the same time, the Ministry shall publish a notice cancelling the entry of the 
application in the Register of Applications in the Bulletin. By cancelling the 
entry of the application in the Register of Applications, the applicant's rights to 
file a new application for the protection of the same variety or breed shall not 
cease. 
3) The Law of the National Council of the Slovak Republic 145/1995 Coli. on 
administrative fees. ARTICLE 17 
EXAMINATION OF THE APPLICATION IP/N/1/SVK/P/l 
Page 15 
(I) If an application does not conform to the prescribed requirements, the Ministry shall 
request the applicant to remedy the insufficiencies within a prescribed period. In cases 
deserving special attention, the Ministry may assist in remedying the insufficiencies. If 
the insufficiencies are not remedied within the prescribed period, the procedure shall 
be discontinued. The applicant shall be notified of this eventuality at the time when the 
period is prescribed. 
(2) If the applicant remedies the insufficiencies in due course, his right of priority shall 
remain unaffected. 
(3) The requirements for the application shall he laid do\Vn hy a generally binding 
regulation. 
ARTICLE 18 
PUBLICATION OF THE APPLICATION 
(1) The Ministry shall publish a notice about filed applicatiolls in the Bulletin within 
three months from the date of filing the application, and such notice should 
contain the information about the applicant, the Ilame of the variety or the 
breed, the species name, and the information about its novelty. The decision 011 
the objections shall be made by the Ministry. If an expert opinion is required for the 
decision on the objections (Article 20), the decision shall be made by the Ministry 
within three months from the receipt of the said expert opinion. 
(2) A change in the applicant may be made: 
a) with the approval of the applicant, 
b) without his approval, on the basis of a valid decision from an authority referred to in 
Article 25. 
(3) If, during the course of the processing of the application, an argument arises as to 
whether the application has been filed by an entitled person, the Ministry shall continue 
to process the application, but the decision on the Breeder's Certificate shall only be 
issued after the decision from an autnority referred to in Article 25 has come into 
force. 
(4) Any change in the applicant shall be entered in the Register of Application in in respect 
QfNew Varieties or the Register of Applications in respect of New Breeds. 
(5) Any change of the information set forth in the application to be publisheo should 
be published in the Bulletin within three months of such change. IPIN/1/SVK/P/l 
Page 16 
ARTICLE 19 
APPLICATIONS FOR THE PROTECTION OF SLOV AK V A RlETlES AND 
BREEDS iN OTHER COUNTRIES 
(1) An application for the protection of a Slovak variety or a hreed may he filed in 
another country even before filing such application in the Slovak Republic, and 
also in the event such application has nevel' been filed hy the applicant ill the 
Slovak Republic. 
(2) The person who-files an application in respect of a Slovak variety or breed in another 
country shall notify the Ministry of the filing. 
ARTICLE 20 
DETEAAIINATION OF THE TRAITS AND PROPERTIES OF VARIETIES AND 
BREEDS 
(1) Compliance with the conditions laid down in Articles 4 to 6 shall be examined by the 
Ministry on the basis of opinions of competent specialist authorities and organisations 
and, in the case of breeds to which special provisions apply. le) Oil the basis of the 
decision of an appropriate authority. 
(2) The competent specialist authorities and organisations shall. if requested to do so by 
the Ministry, determine the traits and properties of the varieties and breeds within a 
period determined upon agreement between them and the Ministry. For this purpose 
the applicant sha11 provide free of charge biological material and documentation to the 
competent specialist authority or organisation. 
(3) When examining varieties and breeds. the competent specialist authorities and 
organisations may also use the results of tests performed in other countries .. 
(4) The competent specialist authorities and organisations shall be entitled. in relation to 
the applicant, to compensation for the operations associated with the examination of 
varieties and breeds, pursuant to the valid price regulations. 
le) Law of the Slovak National Council No. 11011972 Coli. on the breeding of farm 
animals as amended by the subsequent Law-of the Slovak National Council 
No. 256/1991 Coli. 
Law No. 10211963 Coli. on fisheries as amended by an-Law No. 229/1991 Coli. ARTICLE 21 IP/N/I/SVK/P/l 
Page 17 
THE GRANTING OF THE BREEDER'S CERTIFicATE 
(1) After the receipt of the opinion of a professiOlihl hody 01' org:lIIisatioll, or the 
resolution of a relevant authority, the Ministry shall decide ahout granting the 
Breeder's Certificate within three inonths. If, hased 011 the opinion, the 
Ministry shall not grant any Breeder's Certificate, it shall notify the applicant 
immediately in writing and, no later than within three months of the receipt of 
the opinion, it shall publish a resolution on ."ejecting the applicatioll for the 
protection of a variety or a breed in Hie Bulletin. Such .·esolutioll shall be 
subject to a review by the Court. 3n) 
(2) The decision on the granting of the Breeder's Certificate shall be entered in the 
Register of Protected Varieties or the Register of Protected Breeds. A Slovak 
originator who is not the applicant shall be given a copy of the Breeder's Certificate. 
(3) The Breeder's Certificate shall be published in the Bulletin; within three months of 
the date of granting the Breeder's Certificates ill respect of varieties shall also be 
entered ill the State Variety Book. 4) 
ARTICLE 22 
VERIFICATION TESTS 
(1) While the Breeder's Certificate is in force, the owner of the Breeder's Certificate shall 
maintain the variety or the breed. If doubts arise as to whether the variety or the breed 
still complies with the conditions laid down in Article 4 (I) b) and c) or in Article 5(2) 
b), c) and e), the owner of the Breeder's Ceriificate shall have the obligation, when 
requested to do so by the Ministry, to provide free of charge the biological material 
and documentation for the verification of compliance with the said conditions. 
(2) The verification shall be performed by authorities and organizations entrusted with the 
tests by special provisions.S) In the case of breeds to which no special provisions le) 
apply the verification shall be performed by authorities and organizations entrusted by 
the Ministry. 
(3) The authorities and organizations referred to in paragraph (2) shall be entitled, in 
relation to the owner of the Breeder's Certificate, to compensation for the operations 
le) Law of the Slovak National Council No. 11011972 Coil. on the breeding of farm 
animals as amended by the subsequent Law of the Slovak National Council No. 
256/1991 Coil. 
Law No. 10211963 Coli. on fisheries as amended by Law No. 229/1991 Coli. 
3a) Sect. 244 et seq. of the Civil Court Code as amended by an Law No. 1801990 
Coli. and an Law No. 51911991 Coli. 
4) Law No. 61/1964 of Coil. ~ 
5) Law No. 6111964 of Coli.; Law of the Czech National Council No. 86/1972 of ColI.; 
Law-of the Slovak National Council No. 11011972 oreol1.; 
Law No. 102/1963 of Coil. IP/N/1/SVK/P/l 
Page 18 
associated with the performance of the verification tests, pursuant to the valid price 
regulations. This provision shall not apply to the verification tests of breeds to which 
special provisions le) apply. 
ARTICLE 23 
INVALIDITY OF THE BREEDER 'S CERTIFICATE 
(1) The Breeder's Certificate shall be invalid if: 
a) it is later revealed that the conditions for g"flItting the same have not been 
fulfilled, 
b) it has been granted to a person who is not entitled for granting the same, 
in both cases mentioned above the Breeder's Certificate shall be deemed not to 
have been granted at all. 
(2) The invalidity of the Breeder's Certificate shall be entered in the Register of 
Protected Varieties or in the Register of Protected nreeds and shall he published 
in the Bulletin within three months of the date of finding the invalidity of the 
Breeder's Certificate pursuant to clause 1 above, The invalidity of the Breeder's 
Certificate in varieties shall be also entered in the State Variety Book.4) 
PART FOtJR 
JOINT, TRANSITIONAL AND FINAL PROVISIONS 
ARTICLE 24 
ADMINISTRATIVE PROCEDURE 
The procedure to be observed before the Ministry shall be governed by the General 
Administrative Rules, 6) unless otherwise provided for in this Law. 
ARTICLE 25 
SETTLEMENT OF DISPUTES 
Civil courts shall be competent to deciding disputes concerning legal relationships 
based on this Law. 
le) Law of the Slovak National Council No. 1 t 0/1972 ColI. on the breeding of farm 
animals as amended by the subsequent Law of the Slovak National Council No. 
256/1991 Coil. 
Law No. 102/1963 Coli. on fisheries as amended by Law No. 229/1991 ColI. 
4) Law No. 6111964 of Coli. 
6) Law No. 7111976 of Col!. on Administrative Procedure (Administrative Order). ARTICLE 26 
PROTECTION OF IUGHTS IP/N/1/SVKlPIl 
Page 19 
In cases of infringemenl of a right protected tinder this Law. the owner or the 
Breeder's Certificate, or the originator if he is not the owner of the Breeder's Certificate. 
whose right has been infringed, may claim for the infringement to be enjoined hy the law 
and the consequences of the infringement to be removed. If damage has been caused by 
the infringement, the person who suffered the damage shall he entitled to compensation. In 
cases of harm other than-damage to property. the il~ured person -~hall be -entitled to 
adequate satisfaction, which may also take the form of monetary compensation. 
ARTICLE 27 
PENAL SANCTIONS AGAINST ORGANISATIONS 
(1) Any entrepreneur, 6n) 
a) with the validity term of the Breeder's Certificate 
1. commercially exploiting a vadety or a iU'eed without the allllnn.'al of the 
holder of the Breeder's Certificate, 
2. not using the registered name while commercially exploiting a variety or 
a breed, or using the registered n:tlue fo.· another vadety or hreed of the 
same or related species, 
b) fails to notify the Ministry of his application for the protection of n Slovak 
variety or a breed in another counh1' (Art. 19, clause 2). 
shall be liable for a fine which may be imposed by the Ministry, not exceeding 
the amount of SKK 1,000,000. In the event of any repeated unauthorised 
infringement of the rights of the holder of the Breeder's Certificate referred to 
in clauses a) and b) above, the Ministry may impose an additional fine not 
exceeding SKK 2,000,000 within the time periods referred to in Art. 27, clause 3 
of the Law. 
(2) In determining the fine, the Ministry shall consider mainly the seriousness. manner. 
duration and consequences of the infringement. 
(3) The fine may only be imposed within one year of the day on which the Ministry 
learned of the infringement and within three years of the day on which the 
infringement was committed. The fine shall be paid within 30 days of the day on which 
the decision concerning its imposition came into force. 
(4) Monies drawn from the fines shall be paid into the State Budget. 
6a) Sect. 2, clause 2 of the Commercial Code. IP/N/1/SVK/P/l 
Page 20 
ARTICLF: 28 
MlSDEMEANORS 
(1) Any natural person, without being entitled to do so, commercially exploiting a 
variety or a breed for which a Breeder's Ce."tificate has been issued or failing to 
notify the Ministry of his application for the protection of a variety or a breed in 
another country (Art. 19, clause 2) shall be deemed to have committed a 
misdemeanour"for which he maybe Ii~ble for a fine imposed by the" Ministry not 
exceeding SKK 20,000.7) In the event of any repeated infringement upon the 
right of the holder of the Breeder's Certificate in the manner mentioned above, 
the Ministry may impose an additional fine not exceeding SKK 50,000. 
(2) The provisions of a special legal regulation7) shall apply to misdemeanour 
proceedings. 
ARTICLE 29 
ENABLING PROVISIONS 
(I) The Ministry, upon agreement with the Ministry of Agriculture and Food of the Czech 
Republic, the Ministry of Agriculture and Food of the Slovak Republic, the Ministry of 
Forestry, Water Management and the Woodworking industry of the Czech Republic, 
the Ministry of Forestry, Water Management and Woodworking Industry of the 
Slovak Republic and the Federal Ministry of foreign Trade, shall issue a generally 
binding regulation for the implementation of Article 1(2), 
(2) The Ministry, upon agreement with the Ministry of Agriculture and Food of the Czech 
Republic and the Ministry of Agriculture and Food of the Slovak Republic, shaH issue 
a generally binding regulation for the implementation of Article 7(5) and Article 17(3), 
7) Law of the Slovak National Council No. 372/1990 Coli. on misdemeanours, as 
amended by the Law of the Slovak National Council No. 524/1990 Coil., the Law 
of the Slovak National Council No.266/1992 Coli., 
the Law of the Slovak National Council No. 295/1992 Coli., 
the Law or the Slovak National Council No. 51111992 Coli., 
the Law of the Slovak National Council No. 237/1993 Coil., 
the Law of the Slovak National Council No. 42/1994 Coil., 
the Law of the Slovak National Council No. 248/1994 Coli., 
the Law of the Slovak National Council No. 249/1994 Coli., 
the Law orthe Slovak National Council No. 250/1994 Coli. ARTICLE 30 
TRANSITIONAL PROVISiON IP/N/1/SVK/P/1 
Page 21 
(1) The varieties which, on the' basis of special provisions.4
) have been entered as original 
varieties in the state Variety Book before the entry into force of this Law and have not 
been commercially exploited for longer than 10 years before the entry into force of this 
Law, as well as the existing breeds which have been certified or released pursuant to 
special provisions, le) may be the subject of applications :for protection in accordance 
with this Law: The provisions of Article 7(3) shall not apply to those varieties. 
(2) The applications referred to in paragraph (I) shall be filed within 12 months from the 
day on which this Law enters into force. 
(3) the owner of a Breeder's Certificate may commercially exploit the variety or the 
breed only if the variety or the breed for which the Breeder's Certificate has been 
issued has also been released pursuant to special provisions?) 
In such cases the owner shall be regarded as if he were an entrusted organisation 
pursuant to the said special provisions. 
ARTICLE 30 A 
(1) The author's share in the financial benefit from the commercial exploitation of 
varieties and breeds which have applied for legal protection prior to the 
effective date of this Law shall be determined according to the current applicable 
legal regulations. 
(2) The author and the Slovak organisation shall agree in writing on the amount of 
the consideration, the terms of payment, and due dates of payments for varieties 
and breeds which shall be applied for a legal protection after the effective date of 
this Law, the creation of which commenced prior to the effective date of the 
same and no more than three months from the effective date of this Law. In the 
event that they fail to enter into such an agreement within the specified time 
period, the breeder shall have the right to receive a consideration at least ill the 
amount applicable, pursuant to the current applicable legal regulations. 
le) Law of the Slovak National Council No. 110/1972 Coil. on the breeding of farm 
animals as amended by the subsequent Law of the Slovak National Council No. 
256/1991 Coil. 
Law No. 10211963 Coli. on fisheries as amended by an Law No. 229/1991 Coil. 
2) Law No. 6111994 Coil. on the development of plant production as amended by 
the subsequent Law No . .13211989 Coil. a-nd Law of the Slovak National Council 
No. 184/1993 Coil. and Law of the Slovak National Council No. 285/1995 Coli. 
Law No. 11011972 Coil. 
4) Law No. 61/1964 oreou. IP/N/1/SVK/P1l 
Page 22 
ARTICLE 31 
Article 2 (I), second sentence, of Notice No. 6211964 of Coil. of the Ministry of 
Agriculture, Forestry and Water Management and the Ministry of Justice, cO!"'taining 
implementing regulations for the Law on the Developl1H'!nt of Crop Protection, is hereby 
amended so as to substitute "are submitted by entrusted organisations (Article I (I ))" for 
the words "are submitted". 
ARTICLE 32 
ABOLISHiNG PROVISIONS 
The following are hereby abolished: 
1. Article 4(2) and (4) of Law No. 61/1964 of Coli. on the Development of Crop 
Production, 
2. Article 1 and Article 2, third sentence, of Notice No. 62/1964 of Coil. of the Millistry of 
Agriculture, Forestry and Water Management and the Ministry of Justice, containing 
implementing regulations for the Law on the Development ufCrop Production. 
ARTICLE 33 
ENTRY iNTO FORCE 
Law No. 132/1989 CoIl. shall enter into force on January I. 1990. 
Husak v.r. 
Indra v.r. 
Adamec v.r. 
Law No. 22/1996 Coil. shall become effective 011 February 1, 1996. 
Michal Kovac v.r. 
Ivan Gasparovic v.r. 
Vladimir Meciar v.r.