WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/P/2/Rev.1 
6 February 2004 
 (04-0450) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
  anglais/ 
  inglés 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SWEDEN 
 
Revision  
 
 By means of communications dated 10 December 1997 and 14 July 1998, Sweden has notified the text1 
of the Swedish Act on the Protection of Plant Breeders' Rights (1997:306) of 29 May 1997 under Article 63.2 of 
the Agreement.  The Act replaces Ac t (1971:392) on the Protection of Plan t Breeders' Rights as previously 
notified by Sweden and contained in document IP/N/1/SWE/P/2. 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATI ONS CONSACRÉES À LA PROPRIÉTÉ 
INTELLECTUELLE NOTIFIÉES AU TITRE DE  L'ARTICLE 63:2 DE L'ACCORD  
 
SUÈDE 
 
Révision
 
 
 Par des communications datées du 10 décembre 1997 et du 14 juillet 1998, la Suède a notifié le texte1 
de la Loi (1997:306) du 29 mai 1997 sur la protection des droits des obtenteurs de variétés végétales au titre de 
l'article 63:2 de l'Accord.  Cette loi remplace la Loi (1 971:392) sur la protection des droits des obtenteurs de 
variétés végétales précédemment notifiée par la Suède et reproduite dans le document IP/N/1/SWE/P/2. 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DE DICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
SUECIA 
 
Revisión  
 
 Mediante comunicaciones de fecha 10 de diciem bre de 1997 y 14 de ju lio de 1998, Suecia ha 
notificado, de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo, el texto1 de la 
Ley (1997:306) de Protección de los Derechos de los Obtent ores de Suecia, que sustituye a la Ley (1971:392) de 
Protección de los Derechos de los Obtentores, notificada previamente por Suecia y que figura en el documento 
IP/N/1/SWE/P/2. 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. 
 IP/N/1/SWE/P/2/Rev.1 
Page 2  
 
  
 
THE GOVERMENT OFFICES        Ministry of Justice 
 
 
ACT ON THE PROTECTION OF PLANT BREEDERS' RIGHTS 
(Swedish Statute Book 1997:306, of May 29, 1997) 
  
Chapter 1. On the Acquisition of Plant Breeders’ Rights 
 
Article 1. Anyone who has in Sweden produced a new pl ant variety, or his successor in title, may 
acquire an exclusive right to exploit the plant vari ety according to this Act (plant breeder’s right). 
 Anyone who has outside this country  produced a new plant variety, or his successor in title, may 
acquire a plant breeder’s right in respect of the pl ant variety, where the producer is a Swedish national 
or has his domicile in Sweden. 
 
A plant breeder’s right may also be acquired by  1. anyone who has produced a plant variety in a foreign State party to the Convention of 
December 2, 1961, on the Protection of Plant Va rieties, or in a State which is party to an 
intergovernmental organization which in its turn is pa rty to this Convention, or the successor in title of 
such a person, 
2. anyone who is a national of, or has his domicile in, such a State and who has, in cases other 
than those mentioned under 1, produced a new plant variety  outside this country, or is the successor 
in title of such a person.  
The provisions in the first to third paragraphs a pply also to anyone who has discovered and further 
developed a new plant variety or his successor in title.  A plant breeder’s right is acquired through registration of the plant variety.  
Article 2. The Government may prescribe that a plant breeder’s right may be acquired also in 
cases other than those provided for in Article 1, wher e this is of specific importance for the supply of 
the Swedish market or for Swedish plant breeding activities.  The Government may furthermore provide for the app lication of this Act in relation to other countries 
on condition of reciprocity or where this follows from such an agreement with a foreign State or 
intergovernmental organization which h as been approved by  the Parliament. 
 Article 3.  A “plant variety” means for the purposes of  this Act a plant grouping within one and 
the same botanical entity of the lowest known rank, where this grouping can  
1. be defined by the expression of characteristics resulting from a given genotype or 
combination of genotypes, 2. distinguished from any other plant grouping by the expression of at least one of the said 
characteristics, and 3. considered as a unit with regard to its  suitability for being propagated unchanged. 
 
  IP/N/1/SWE/P/2/Rev.1 
 Page 3 
 
 
 Chapter 2. On the Scope of the Plant Breeder’s Right 
 
Article 1. A plant breeder’s right applies to  
 1. the plant variety which has been registered in  accordance with the provisions of this Act, 
2. groupings of plants which are not clearly dis tinguishable from the variety which has been 
registered, 3. plant varieties which are essentially derived from the registered variety, where the registered 
variety is not in itself an essentially derived variety, and 4. plant varieties whose production requires the repeated use of the protected variety. 
A plant variety shall be deemed to be essentially derived where it 
 1. is predominantly derived from the initial variety, or from a variety that in itself is 
predominantly derived from the initial variety,  while retaining the expression of the essential 
characteristics that result from the genotype or co mbination of genotypes of the initial variety, 
2. is clearly distinguishable from the initial variety, and 
3. except for the differences which result from the act  of derivation, conforms with the initial 
variety in the expression of the essential characteris tics that result from the ge notype or combination 
of genotypes of the initial variety.  Article 2.  With the exceptions provided for in Articles 3 and 4, the plant breeder’s right includes 
that nobody may, without the authorization of the holder of the plant breeder’s right, exploit a plant 
variety or another grouping of plants covered by the plant breeder’s right through  1. producing or reproducing propagating material, 
2. conditioning propagating material for the purposes of propagation, 
3. offering propagating material for sale, 
4. selling or  otherwise marketing propagating material, 
5. exporting propagating material from Sweden, 
6. importing propagating material to Sweden, or 
7. stocking propagating material for any of the purposes indicated in items 1. to 6. 
 
Where the holder of the plant breeder’s right had no reasonable opportunity to exercise the right in 
relation to a certain propagating material, nobody ma y without his or her authorization exploit the 
plant variety through such acts as mentioned in the fi rst paragraph, items 1. to 7. by using harvested 
material which has been produced by means of this propagating material. 
 
Article 3. The plant breeder’s right does not include  
 1. acts carried out privately and for non-commercial purposes, 
2. acts carried out for experimental purposes, and 
3. acts carried out for the purposes of breeding of new plant varieties. 
 
Article 4 . The plant breeder’s right does not include the exploitation of plant variety material 
which has been brought on the ma rket within the European Economi c Area by the holder of the plant 
breeder’s right or with his consent.  The provisions of the first paragraph do not extend to  the exportation of plant variety material which 
can be used for propagating purposes, where the e xportation is directed towards a foreign country 
where the plant genus or species to which the vari ety belongs is not prot ected and the material 
exported is not intended for final consumption. 
 IP/N/1/SWE/P/2/Rev.1 
Page 4  
 
 Article 5. The provisions on exceptions from the exclus ive right in Article 14 of the Council 
Regulation (EG) No 2100/94 of July 27, 1994,  on the Community Breeder’s Right and the Implementing Regulations whic h have been issued on the basis of th at Article shall apply also to plant 
varieties which have been registered according to  this Act. The provisions in that Article and 
Regulation on the Community Plant Breeder’s Right sh all apply to plant breeder’s rights under this 
Act. 
 
Chapter 3. On the Requirements for Registration 
 
Article 1. A plant variety may be registered only if it is 
 
1. new, 
2. distinct, 
3. uniform with respect to its essential characteristics, and 
4. stable. 
 
Article 2. A plant variety shall be considered as ne w where propagating material or harvesting 
material of the variety have not been sold or othe rwise disposed of  to others for the purpose of 
exploitation of the variety, by the breeder or his successor in title  1. in this country, earlier than one year before the date of the filing of the application for 
registration, 
2. outside this country, earlier than six years before the filing of the application for registration, 
where this application concerns trees or vines, or 3. outside this country, earlier than four years before  the date of the filing of the application for 
registration, where this application concerns  plant varieties other than trees or vines. 
 
Article 3. A plant variety shall be deemed to be distinct if it is clearly distinguishable from any 
other variety the existence of which is known at  the time of the filing of the application. 
 A plant variety shall be deemed as known, where propa gating material of it has been offered for sale, 
sold or otherwise disposed of to others. The plan t variety shall also be deemed to be known where it 
has been registered for a plant breeder ’s right, has been entered into an official list of plant varieties, 
has been entered into a commonly available list of  references, has been described in a commonly 
available publication or has in any other wa y come to the common knowledge of the public. 
 Also a plant variety which has not come to the common knowledge of the public shall be deemed to 
be known, where an application for an exclusive right or for the entering into an official list of plant 
varieties har been filed in any country and that application has later been approved. 
 Article 4. For the determination of whether a plant va riety is uniform variations which can be 
expected  due to particular features of the propaga tion of the variety shall not be taken into account. 
 
Article 5. A plant variety shall be deemed to be stable, where its relevant characteristics remain 
unchanged after repeated propagation or, where the plan t variety has a particular cycle of propagation, 
at the end of each such a cycle.  Article 6. If the applicant or someone from whom the applicant has acquired his right has earlier 
applied for  protection of the plant variety in a State which is party to the Convention of December 2, 
1961, on the Protection of Plant Varieties and if regi stration is applied for in this country within 
twelve months from the date when the application was filed in the foreign State, the application shall, 
for the purposes of Articles 2 to 5, be deemed to ha ve been filed at the same time as the application in 
the foreign State, if the applicant so requests.  IP/N/1/SWE/P/2/Rev.1 
 Page 5 
 
 
  
Such priority may also be granted from an applicati on for protection filed in another foreign State if a 
corresponding priority from a Swedish application for the protection of a plant variety would be admitted in that State and where the legislation in fo rce there corresponds in its main features with the 
Convention. Where priority has been sought in sev eral foreign States, the twelve month period is 
calculated from the date when the first application for protection was filed. 
 The Government or a Public Authority as decided by the Government may issue provisions on the way in which a claim for priority shall be made a nd which documents shall be filed in support of the 
claim. Where such provisions are not complie d with, priority shall not be enjoyed. 
 
Article 7. A plant variety may not be registered wher e it is already registered for a Community 
plant breeder’s right under the Council Regulation (EG) No 2100/94 on the Community Plant Breeder’s Right.  Chapter 4. On  Plant Variety Denominations 
 
Article 1. Any registered plant variety shall have a pl ant variety denomination. This denomination 
shall be such as to enable th e distinction of that plant variety from other varieties. 
 A plant variety shall not be accepted where it 
 
1. consists solely of figures, except where this  is an established practice for designation of 
varieties, 2. is obviously likely to mislead the public, 
3. is contrary to laws or other regulations or  public order or is likely to cause offence, 
4. is likely to be cause confusion with a variety denomination which has, for a variety of the 
same plant species or of a closely related species, b een entered into, or has b een proposed for entrance 
into, the Plant Variety Register, any corresponding foreign Register or any other official list of varieties, or which is used as propagating material of such a variety, 5. is likely to cause confusion with a trademark, a name, a firm or any other denomination for 
which any person other than the applicant enjoys  protection and which w ould have constituted an 
obstacle against the registration of the variety denomination as a trademark for material of a plant 
variety or for goods of a similar kind, 6. is likely to cause confusion with such a trademar k for material of a plant variety or for goods 
of a similar kind for which the applicant enjoys protection.  
On condition of reciprocity the Government may prescribe that a variety denomination which has 
been registered, or for which an application for regi stration has been filed, in a foreign State may be 
registered in Sweden notwithstanding the provisions  in the first and second paragraphs, where there 
are no particularly important reasons for not doing so.  Article 2. Anyone who offers for sale or otherwise di sposes of  propagating material of a 
registered plant variety shall use the registered vari ety denomination. This applies also where the term 
of protection has lapsed or the plant breeder’s  right has been terminated for other reasons. 
 A registered denomination for a variety or a denom ination which is confusingly similar to that 
denomination must not be used for any other variet y of the same plant species or for a plant species 
which is closely related thereto or for material of such a variety as long as the registration of the 
denomination is in force.  IP/N/1/SWE/P/2/Rev.1 
Page 6  
 
 Chapter 5. On the Application Procedure 
 
Article 1. Registration in accordance with this Act is e ffected in the Plant Variety Register which 
is kept by the National Plant Variety Board.  
In connection with the registration of a plant variet y, also the denomination of the variety shall be 
recorded.  Article 2. An application for the registration of a plan t variety shall be made in writing to the 
National Plant Variety Board. 
 
The application shall contain  1. a clear description of the variety with a special  indication of the characteristic feature or 
features which distinguishes or distinguish the variety from other varieties, 
2. an indication of the origin of the variety, 
3. a proposal for the denomination of the variety, and 
4. an indication of the name of the plant breeder. 
 Where a person other than the plant breeder applies fo r registration, the applicant shall prove his right 
in the variety. 
 
To the application shall be attached a declaration,  signed by the applicant himself, on his faith and 
honour, that the variety, to the best knowledge of th e applicant, has not, before the date on which the 
application was filed or, according to Chapter 3, Artic le 6, shall be deemed to  have been filed, has 
been disposed of in such a way that it, according to  Chapter 3, Article 2, shall not be deemed to be 
new. 
 The applicant shall, in connection with the applica tion, make available plant material sufficient to 
allow testing of the variety.  The application shall pay the prescribed application fee. 
 
Article 3. An application may concern only the registration of one plant variety. 
 Article 4. The National Plant Variety Board may request an applicant not having his domicile in 
Sweden to appoint a representative domiciled in the European Economic Area and to notify this fact 
to the Board. The representative shall be empowered  to receive communications of any documents in 
the matter. Where the applicant does not comply with the request, the serving of communications may be carried out through the mailing of the document in question to the applicant under his last known address.  Article 5. Where the applicant has not met the requireme nts relating to the application or where 
there is any other obstacle for the approval of the ap plication, the applicant shall be invited to submit, 
within a determined period of time, either a statement or a correction.  Where the applicant does not, within the prescribed  period of time, submit a statement or takes 
measures to remedy the deficiency indicated, the application shall be removed from the files. An 
indication of this possibility shall be included in the invitation. 
  IP/N/1/SWE/P/2/Rev.1 
 Page 7 
 
 
 Article 6. Where there is an obstacle for the approval of  the application also after the applicant 
has submitted a statement and the applicant has b een given an opportunity to file a statement 
concerning the obstacle, the applicant shall be re jected unless there is a reason for issuing a new 
invitation to the applicant.  
Article 7. If anyone claims, before the National Plant Variety Board, that he has a better title to 
the plant variety than the applican t and the matter is in doubt, the Board may invite him to bring an 
action in Court within a certain time, failing which his claim may be disregarded in the course of the 
continued examination of the application.  
Where a dispute concerning a better title to the plant variety is under consideration by a Court, the 
application for registration may be declared suspended pending  a final decision in the case. 
 Article 8. If anyone proves before the National Plant Vari ety Board that he has a better title to the 
plant variety than the applicant, the Board shall, u pon request, transfer the application to him or her. 
The person to whom an application is thus tr ansferred, shall pay a new application fee. 
 If a transfer is requested, the application may not be altered, removed from the files, rejected or approved until the claim has been finally considered.  Article 9. If the application documents are complete a nd there is no obstacle to the registration, 
the National Plant Variety Board shall publish a notice of  the application in order to give the public an 
opportunity to file an oppos ition against the application. 
 Any opposition shall be filed in writing with the National Plant Variety Board within the period 
determined by the Board. 
 
Article 10. The National Plant Variety Board shall arrange fo r a test to be made of the plant variety 
material, unless this is, for special reasons, consid ered unnecessary. The applicant shall pay prescribed 
fee for testing conducted.  Article 11. Where the period for submitting an opposition against the application has expired and 
the tests of material  of the plant variety have b een finalized, the examination of the application shall 
continue. As regards this examin ation, Articles 4 to 8 apply. 
 The applicant shall be given an opportunity to  submit observations concerning oppositions filed and 
concerning tests carried out. 
 
Article 12. Where an application for the registration of a plant variety has been approved and the 
decision has taken legal force, the variety shall be entered into the Plant Variety Register and a notice 
of the registration be published.  Where an application which has been published acco rding to Article 9, has been removed from the 
files or rejected, the decision in this respect shall be published when it has taken legal force. 
 
Chapter 6. The Term of  Validity, Annual Fees and Subsequent Control. 
 
Article 1. The plant breeder’s right subsists from the date when the application for registration 
was approved and may be maintained for 25 years counted from, and including, January 1 the year 
after the year when the decision about the registrati on obtained legal force. As regards potatoes, trees 
and vines, the plant breeder’s right may, however, be maintained for a period of 30 years calculated 
from the same point in time.  IP/N/1/SWE/P/2/Rev.1 
Page 8  
 
 Article 2. A prescribed annual fee shall be paid for each calendar year for the plant breeder’s 
right. This fee shall be paid as from, and including,  the year when the application for registration was 
approved.  The annual fee shall be payable on the first day of th e calendar year to which it relates. The latest day 
for the payment of the annual fee for a year wh ich has commenced before the plant variety was 
registered or within two months thereafter shall, however, be payable only two months after the date 
of the registration. The annual fee must not be paid before the registration has been effected or earlier 
than six months before the calendar year to which the fee relates.  
The annual fee, with the prescribed increase, be pa id within six months after the date when it is 
payable.    Article 3. In order to control whether a registered plant variety is stable, the National Plant 
Variety Board may  request the holder of the plan t variety right to make available to the Board 
reproduction material as well as necessa ry documents and information. 
 
Chapter 7. Licenses 
 
Article 1. If the holder of a plant breeder’s right has gr anted someone else a right to commercially 
exploit a registered plant variety (license) the license e may transfer his right further only if there is an 
agreement to this effect. 
 Where the license forms part of a business activity, it may, however, be transferred together with the 
activity or part thereof, unless there is an agreement to the contrary. If the license has been transferred 
in this manner, the transferor remains liable for the fulfilment of the license agreement. 
 
Article 2. Where a plant breeder’s right has been tran sferred to another person, or a license has 
been granted or transferred, an entry of this f act shall, upon request and against the payment of the 
prescribed fee, be made in the Plant Variety Regist er. Where it is shown that a license which has been 
recorded in the Register has expired, the entry shall be removed.  
The provisions of the first paragraph a pply accordingly to compulsory licenses. 
 As the holder of the plant breeder’s right shall, for the purposes of lawsuits or other legal cases 
relating to the plant variety, be deemed the person w ho has last been recorded in the Register in this 
capacity. 
 
Article 3. Where there is not a supply of reproduction material of a registered plant variety 
available on the market on reasonable terms and to  the extent necessary for the national economy or 
otherwise from  the point of view of the public in terest and there is no acceptable reason for the lack 
of supply, a compulsory license may be granted to any person who wants to exploit the plant variety 
in this country. The compulsory license includes also a right to obtain reproduction material from the 
holder of the plant breeder’s right to the extent reasonable. 
 Article 4. A compulsory license may not be granted to persons other than those who can be 
presumed to be able to exploit the plant variety in an acceptable manner and in conformity with the 
license. 
 
A compulsory license does not prevent the holder of the plant breeder’s right from exploiting the plant 
variety himself or from granting a license in this r espect. A compulsory license may be transferred to 
someone else only together with the business activity in which it is exploite d or was intended to be 
exploited.  IP/N/1/SWE/P/2/Rev.1 
 Page 9 
 
 
  
Article 5. A compulsory license is granted by a Court wh ich also determines the extent to which a 
plant variety may be exploited and decides the re munerations and other conditions for the license. 
 
Chapter 8. On the Termination of the Plant Breeder’s Right, Etc. 
 
Article 1. Where the annual fee according to Chapter 6, Article 2, is not paid, the plant breeder’s 
right shall be void as from January 1 of the year for which the fee was not paid. The National Plant Variety Board shall also remove the plant variety from the Register.  
Article 2. If the holder of the plant breeder’s right, in writing to the National Plant Variety Board, 
renounces his plant breeder’s right, the Board shall remove the plant variety from the Register.  If the plant breeder’s right is sequestered for debt , seized for debt or for securing the payment of a 
debt, or if a dispute concerning the transfer of a registration is pending, the plant variety may not, at 
the request of the holder of the plant breeder’s right, be removed from the Register as long as the 
sequestering or seizure or the keeping for the paymen t of a debt is still valid or the dispute has not 
been finally decided.  Article 3. A Court may, upon an action brought in this respect, invalidate the registration of a 
plant variety, where 
 
1. the plant variety on the date of the filing of th e application, or, if the holder of the plant 
breeder’s right has enjoyed priority, on the date fro m which priority has been enjoyed, did not meet 
the requirement of novelty under Chapter 3, Article 2,  or the requirement of distinctness in Chapter 3, 
Article 3, 
2. the plant variety at the point in time mentioned under item 1. did not meet the requirement of 
uniformity under Chapter 3, Article 4, or the require ment of stability under Chapter 3, Article 5, if the 
variety was registered mainly on the basis of information provided by the applicant, 3. the plant variety has been registered contrary to the provisions of Chapter 3, Article 7, or 
4. the plant variety has been registered for some one who was not entitled thereto and no action 
has been brought concerning the transfer of the registration. 
 
A registration must not be invalidated only on the ground that the person who has obtained the registration is entitled only to a part of the plant breeder’s right. 
 
Article 4. Where a plant variety has been registered fo r a person other than the one entitled to it 
under Chapter 1, Article 1, the Court shall, following  an action in this respect by the person entitled to 
it, transfer the registration to him or her. Any action in this respect shall be brought within the period  
of time prescribed in Article 5.  Article 5. Any action under Article 3, first paragraph, item 4, which is based on the fact that a 
plant variety has been registered for a person ot her than the one who is entitled thereto may be 
brought only by the person who claims to be entitled to  the variety. Any action in this respect shall be 
brought within one year from the date when the plai ntiff became aware of the registration and of the 
other circumstances on which the action is based. If th e holder of the plant breeder’s right was in good 
faith when the variety was registered or when the plant breeder’s right was transferred to him, the 
action may not be brought later than three years from the registration. 
 
In other cases an action may be brought by anyone  who suffers a disadvantage from the registration 
and, where this is called for in the public interest, by a Public Authority as decided by the Government.  IP/N/1/SWE/P/2/Rev.1 
Page 10  
 
 Article 6. The National Plant Variety Board shall  remove  a plant variety from the Register where 
 1. the variety no longer meets the requirement s under Chapter 3 as regards uniformity and 
stability, or 2. the holder of the plant breeder’s right has not complied with an invitation under Chapter 6, 
Article 3, and the non-compliance constitutes an obstacle for a reliable subsequent control. 
 Article 7. Where a plant variety denomination has been registered contrary to the provisions of 
this Act and the ground for non-registration remains, the National Plant Variety Board shall register a 
new denomination for the plant variety. The same applies where a registered variety denomination 
obviously has become likely to deceive the public or h as become contrary to public order or likely to 
cause offence.  In cases referred to in the first paragraph the holde r of the plant breeder’s right shall be given the 
opportunity to propose a new denomination. 
 
A registered denomination for a variety for which the term of protection has expired or the plant 
breeder’s right has otherwise lapsed, may, at the requ est of the plant breeder’s right or where there is 
otherwise a reason for it, following a examination of  the case by the National Plant Variety Board, be 
removed from the Register if the denomination is no longer used.  
Article 8. Article 92.2 of the Council Regulation (EG) No 2100/94 on the Community Plant 
Breeder’s Right contains special pr ovisions which apply when a plant va riety has been registered for a 
Community plant breeder’s right after  the regi stration of the variety according to this Act. 
 
Chapter 9. On Liability and Compensation for Damages, Etc. 
 
Article 1. Anyone who wilfully or with gross negligence infringes a plant breeder’s right shall be 
punishable by fines or imprisonment for not more than two years. A person who has violated a prohibition on penalty of a fine under Article 2 must  not be adjudicted to criminal liability for the 
infringement covered by the prohibition.  
Attempts to commit an infringement under the first paragraph, as well as the preparation of such acts, 
shall be punishable according to the provisions of Chapter 23 of the Criminal Code.  A public prosecutor is entitled to bring an action fo r violations as mentioned in the first and the 
second paragraphs only upon complaint by the injured party and such an action is called for in the 
public interest. 
 Article 2. Upon a request filed by the holder of the plan t breeder’s right or by anyone who has, on 
the basis of a license, the right to exploit the pl ant variety, a Court may order a prohibition, upon 
penalty of a fine, for anyone who infringes the plant breeder’s right to continue the infringing act.  
Article 3. Where the plaintiff shows a probable case th an an act constituting an infringement 
takes place and it can reasonably be assumed that th e defendant, through the continuation of the act, 
diminishes the value of the exclusive right in the plant variety, the Court may issue an injunction, 
upon penalty of a fine, for the time until the case has b een finally adjudicated or otherwise is decided. 
No injunction may be issued before the defendant h as been given an opportunity to respond, unless a 
delay would entail a risk for injury. 
 An injunction under the first paragraph may be issued only if the plaintiff deposits a security with the 
Court for the injury which may be caused to the de fendant. If the plaintiff is not capable of depositing 
such a security, the Court may liberate him from making  a deposit. As regards the type of security, the  IP/N/1/SWE/P/2/Rev.1 
 Page 11 
 
 
 provisions of Chapter 2, Article 25, of the Enfo rcement Code shall apply. The security shall be 
examined by the Court unless the defendant has accepted it. 
 When the case is adjudicated, the Court shall deci de whether a prohibition issued under the first 
paragraph shall continue to apply. 
 
Article 4. As regards appeals against decisions under Article 3 and as regards the procedures in 
higher courts the provisions in Chapter 15 of the Code of Judicial Procedure on appeals against 
decisions apply.  
Article 5. An action for the imposition of a fine may be filed by  the person who has requested the 
injunction. In connection with such an imposition, an action may be brought for a new injunction to 
be issued under penalty of a fine.  Article 6. Anyone who wilfully or with negligence co mmits an infringement of a plant breeder’s 
right shall pay an equitable compensation for the use of the plant variety and compensation for the 
further damage caused by the infringement. In the de termination of the amount of the compensation, 
also the right-owner’s interest that an infringement  is not committed and to  circumstances of other 
than purely economic importance shall be taken into account.  Anyone who without intention or negligence commits an infringement of a plant breeder’s right shall 
pay a compensation for the use of the variety, if a nd to the extent this is considered reasonable. 
 Any action for compensation may relate only to the l ast five years before the action was brought. If an 
action is not brought within the time mentioned, the right to compensation  shall be lost.  
Article 7. At the request of a person who has suffere d injury from an infringement in a plant 
breeder’s right, the Court may, to the extent consid ered reasonable in order to prevent the continuation 
of the infringement decide that such plant material  which the infringement concerns shall, against 
compensation, be surrendered to the injured party, or  be destroyed, and that objects the use of which 
would constitute an infringement shall be altered in  a specified manner or d estroyed. What has been 
said now does not apply to persons who have in good faith acquired the material or a particular right 
therein and who have not themselves committed the infringement. 
 Article 8. Property referred to in Article 7 may be sei zed, where it can reasonably be assumed that 
a violation under Article 1 has been committed. As regards such seizure, the provisions on seizure in 
criminal cases shall apply. 
 
Notwithstanding the provisions in the first paragra ph, the Court may, upon a request to this effect, 
decide that the owner of material mentioned ther e be entitled to dispose of the material against a 
reasonable compensation and u pon other reasonable conditions. 
 The provisions in Article 7 and in the first and sec ond paragraphs apply also as regards attempts and 
preparatory acts according to Article 1, second paragraph. 
 Article 9. If anyone exploits a plant variety which is in cluded in an application for registration, 
what is said about infringements of a plant breeder’s right shall apply, where the application results in 
a registration. Criminal liability may, however,  not be adjudicated for such exploitation. 
Compensation for damages based on an exploita tion which took place before the publication 
according to the provisions of Chapter 5, Article 9,  may, however, be determined only according to 
the provisions in Article 6, second paragraph.  IP/N/1/SWE/P/2/Rev.1 
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 Notwithstanding the provisions of Article 6, third pa ragraph, the right to compensation is not lost 
where an action in this respect is brought no late r than one year from the registration of the plant 
breeder’s right.  Article 10. Where the registration of a plant breeder ’s right has been invalidated through a 
judgement which has taken legal force, the Court may not adjudicate a sanction or decide on other 
measures under Articles 1 to 9.  Where an action is brought concerning infringemen t of a plant breeder’s right and the defendant 
claims that the registration should be invalidated, the Court shall, at his request,  order the proceedings 
to be suspended until the question of the invalidati on of the registration has been finally decided. 
Where an action in this respect has not been brought , the Court shall, in connection with the order for 
suspension, determine a certain period of time for the person against whom an action for infringement 
is brought to initiate an action for invalidation.  
Article 11. Anyone who wilfully or by negligence violat es the provisions of Chapter 4, Article 2, 
shall be adjudicated to fines and shall pay comp ensation for the injury cau sed. Where the negligence 
is of minor importance, criminal liability shall not be adjudicated. In such cases also the amount of the 
compensation may be adjusted.  
Chapter 10. Provisions on Judicial Proceedings  
 
Article 1. The holder of a plant breeder’s right or anyone  who on the basis of a license has a right 
to exploit a plant variety, may bring an action ai ming at determining whether the registration provides 
protection against another party. A prerequisite for this  is that there is uncertainty in this respect and 
that this is to the disadvantage of the holder of the plant breeder’s right or the licensee.  
 
Anyone who carries out or intends do carry out a business activity may, under the same conditions, 
bring an action against the holder of a plant breeder’s right  to the effect that it shall be determined 
whether there is, due to the registrati on,  an obstacle against the activity. 
 If it is claimed, in a case as referred to in the first paragraph, that the registration should be 
invalidated, the provisions of Chapter 9, Article 2, shall apply. 
 Article 2. Anyone who intends to bring an action for the invalidation of the registration of a plant 
variety, for the transfer of a registration or for the obtaining of a compulso ry license shall notify the 
National Plant Variety Board about this fact and info rm anyone who is recorded in the Plant Variety 
Register as a licensee having the right to exploit th e plant variety. If a licensee intends do bring an 
action for the infringement of the plant breeder’s right  or for the determination of a matter as referred 
to in Article 1, first paragraph, the licensee shall notify the holder of the plant breeder’s right about 
this fact.   The requirement for notification shall be considered  as fulfilled when a notification has been sent, in 
registered mail, to the address which has been  recorded in the Plant Variety Register. 
 Where it is not shown, when the action is brought, that a notification has been made or information 
has been sent, the plaintiff shall be given time to  do so. If the plaintiff does not comply within the 
time period afforded, the action must not be taken up for consideration. 
 
Article 3. Where there is not, under the Code of Judicial Procedure, any Court competent as 
regards an action relating to a better right in a plant variety, to an invalidation of the registration of a 
plant variety, to the transfer of such a registrati on, to the granting of a compulsory license or to the  IP/N/1/SWE/P/2/Rev.1 
 Page 13 
 
 
 determination of a legal situation according to Artic le 1, the action shall be brought at the Stockholm 
City Court.  
 
Article 4. The Court shall transmit a copy of any judgement or final decision in cases under this 
Act to the National Plant Variety Board.  
 
Article 5. A final decision by the National Plant Variet y Board may be appealed against by the 
party which is concerned by the decision where it goes against him or her.  An appeal against a decision through which an a pplication for registration has been approved may, 
however, be brought only by a person who has, in due course, filed an opposition against the 
application. Even if the opponent withdraws his appeal, the case may still be brought to a decision 
where special reasons for it exist.  Any decision through which an application for the tran sfer of a registration under Chapter 5, Article 8, 
has been approved may be appealed against by th e applicant. Anyone who has brought an action for 
such a transfer may lodge an appeal against a d ecision through which the claim has been rejected. 
 Article 6. A decision by the National Plant Variety Board may be appealed against to the Court of 
Patent Appeals (”Patentbesvärsr ätten”) within two months from the date of the decision. 
 
A final decision by the Court of Patent App eals may be appealed against to the Supreme 
Administrative Court within two months from the da te of the decision. As regards appeals to the 
Supreme Administrative Court, the provisions of  Articles 35 to 37 of the Act on Administrative 
Proceedings (Act 1971:291) shall apply. The decision of  the Court of Patent Appeals shall contain an 
indication of the fact that  a special permission h as to be obtained for the case to be brought to the 
Supreme Administrative Court and of the grounds on which such a permission may be granted.  
 
Chapter 11. Special Provisions 
 
Article 1. Anyone who holds a plant breeder’s right a nd who does not have domicile in Sweden 
shall have a representative having his or her reside nce here. The representative shall be authorized to 
receive writs, invitations and othe r documents in cases relating to the plant breeder’s right with the 
exception of writs in cases relating to criminal li ability and of invitations to parties to personally 
appear before the Court. The representative shall be  notified to the National Plant Variety Board and 
be recorded there.   
If the holder of the plant breeder’s right has not no tified any representative under  the first paragraph, 
any notices may instead be served through the transmis sion of the document, which is to be served to 
him or her, to the address recorded in the Plant Variety Register. Where a complete address is not 
recorded in the Register, the serving of the notice may be carried out through the holding available of 
the document at the National Plant Variety Board a nd the publishing of this fact and of the main 
contents of the document in a publication as decided by the Government. The serving of a notice shall 
be deemed to have occurred when wh at has been said now has taken place. 
 Article 2. The Government or a Public Authority as decided by the Government may issue 
provisions  concerning the amount of fees under this Act.  
Article 3. The Government may prescribe that plant va rieties for which registration is being 
sought may be submitted to tests at a Public Aut hority in another State or at an international 
institution. Furthermore, the Government may prescr ibe that persons who appl y for registration of a 
variety for which they have earlier applied for regist ration in another State shall be obliged to provide IP/N/1/SWE/P/2/Rev.1 
Page 14  
 
 information about what the Public Authority in that State has stated to them as regards the 
examination of the conditions for registration.  
Chapter  12. On European Community Plant Breeder’s Rights 
 Article 1. Anyone who files an application for a Europ ean Plant Breeder’s Right to the National 
Plant Variety Board for transmission according to  Article 49 of the Council Regulation (EG) No 
2100/94 of July 27, 1994, on the Community Plant Breeder’s Right shall pay a fee to an amount as decided by the Government.  
Article 2. The provisions of Chapter 9, Article 1, on liability for infringement of a plant breeder’s 
right apply to infringement of a Community Plant Breeder’s Right.   
------------------------------------------------------- 
 
 1. This Act enters into force on the date decided by the Government. Through this Act the Act  
on  Plant Breeder’s Rights (No 1971:392) is abrogated. ( Note : According to Regulation No 
1997:392 the Act entered into force on July 1, 1997) 
2. This Act applies also to plant varieties registered  at the date of the entry into force which have 
been registered on the basis of applications f iled before that date, where not otherwise follows 
from what is prescribed below. 
3. An application for registration which has been pub lished before the entry into force shall be  
processed and decided on according to th e provisions previously in force. 
4. The new provisions do not apply to measures take n or rights acquired before the entry into 
force. 
5. The provisions of Chapter 2, Article 4, sec ond paragraph, do not apply to plant variety 
material which has been brought into circulati on according to Article 4, third paragraph, of 
the Act previously in force. 
6. The question of invalidation of a registration of  a plant variety which has been registered 
according to the provisions previously in force shall be determined according to the previous 
provisions. 
7. Where someone before the entry into force ha s started the exploitation of plant variety 
material in a manner which did not require author ization by the holder of the plant breeder’s 
right under the provisions previously in force but which requires such an authorization under this Act, he or she may, notwithstanding the new provisions, continue the planned activity to 
the extent necessary and customary, however not for more than five years from the entry into 
force. Such a right  has also, under the same  conditions, anyone who has taken significant 
measures to exploit the plant variety. 
8. Where an application for registration concer ns a plant variety on which the provisions 
previously in force were not applicable and th e application is filed within one year from the 
entry into force of this Act, the time limit unde r Chapter 3, Article 2. item 1. shall be four 
years instead of one year. 
9. As regards a decision by the National Plant Va riety Board which has been taken before the 
entry into force, the provisions concerning ap peals which were previously in force shall 
apply. 
 
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