WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/1/DNKIP/6 
10 January 2001 
Council for Trade-Related Aspects of 
Intellectual Property Rights (01-0115) 
Original: 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DENMARK English! 
anglais/ 
ingles 
The present document reproduces the textl of the following laws and regulations as notified by Denmark under 
Article 63.2 ofthe Agreement (see document IP/N/lIDNKlI/Rev.I). 
Act N° 866 of 1987. 2 
Act N° 1107 of 1994. 14 
Act N° 1086 of 1995. 15 
Statutory Consolidation Order N° 51, consolidating the above Acts N° 866, N° 1107 and N° 1086 21 
Conseil des aspects des droits de propriete 
intellectue\le qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DANEMARK 
Le present document contient le texte' des lois et reglementations ci-apn':s, notifiees par le Danemark au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/lIDNKllIRev.I). 
Loi n° 866 de 1987. 
Loi n° 1107 de 1994. 
Loi nO 1086 de 1995. 
Loi codifiee nO 51 portant codification des Lois nO 866, nO 1107 et nO 1086 susmentionnees. 
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 pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
DlNAMARCA 2 
14 
15 
21 
En el presente documento se reproduce el textol de las leyes y 10s reglamentos siguientes, notificados por 
Dinamarca en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/lIDNKllIRev.I). 
Ley N° 866 de 1987. 
Ley N° 1107 de 1994. 
Ley N° 1086 de 1995. 
Orden refundida N° 51 (refundici6n de las mencionadas Leyes N°S 866, 1107 Y 1086). 2 
14 
15 
21 
I In English only. The text in the original language is available for consultation by interested Delegations at the WTO 
Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le texte dans sa langue d'origine, au Secretariat de 
I'OMC fEn ingles solamente. Las delegaciones interesadas podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/IIDNKIP/6 
Page 2 
Act No. 866 of 23 December 1987 
Plant Variety Protectic!l .,.,-~ 
WE, MARGRETHE THE SECOND, by the Grace of God 
Queen of Denmark, hereby make known: 
The Danish Fo1keting has passed and we by 
Our Consent have confirmed the following Act: 
Part 1 
Scope of Act 
1.-(1) A variety of cultivated plant can 
be protected as a plant novelty if it 
(1) belongs to a species or genus which 
as determined by the Minister of 
Agriculture is covered by this Act, 
(2) is distinguishable by one or more 
characteristics from any other 
variety whose existence is a matter 
of common knowledge at the time when 
protection is applied for, 
(3) is sufficiently homogeneous, 
(4) is stable in its essential charac­
teristics when propagated in accord­
ance with the method specified by 
the breeder, 
(5) has not prior to the maKing of the 
application been offered for sale or 
sold with the consent of the owner 
of the variety 
(a) in this country, or 
(b) in a foreign country for longer 
than four years or, in the case 
of grape vines. trees and their 
root-stocks, for longer than six 
years, and 
(6) at the time of the granting of pro­
tection satisfies the conditions 
herefor. 
In this Act the expression "propagate" has a 
meaning which embraces both sexual reproduc­
tion and vegetative propagation. IP/NI1 IDNKlPI6 
Page 3 
(2) To obtain protection for a variety the 
breeder or any person who has acquired the 
rights in the variety (the owner) shall 
(1) be resident or have his registered 
office in this country or in a 
Member State of the European Com­
muni ties, or 
(2) be a national of, be resident in or 
have his registered office in a 
State which is a member of the 
International Union for the Protec­
tion of New Varieties of Plants 
(Upov) • 
2.-(1) The Minister of Agriculture may, as 
an exception, approve the protection of a 
variety which does not satisfy the condition 
laid down in paragraph (5) of subsection (1) 
of section 1 of this Act if it is found to be of economic interest to agriculture. 
(2) Notwithstanding the provisions of sub­
section (2) of section 1 of this Act, a 
variety can be granted protection if 
(1) an agreement for reciprocity with 
respect to protection of varieties 
of the species concerned has been 
entered into with the State in which 
the owner of the variety is resident 
or has his registered office, 
(2) a variety bred in this country can 
be protected in the State concerned 
to the same extent as a variety bred 
in that State, or 
(3) the variety is otherwise found to be 
of economic interest to agriculture. 
Part 2 
Applications 
3.-(1} An application for entry of a var­iety in the Register of Flant Novelties shall 
be made to the Board for Plant Novelties by 
the owner of the variety_ Where the owner is 
not resident in or has his registered office 
in a Member State of the European Communi­
ties, such application shall be made by an 
attorney appointed by the applicant, who is 
resident in or has his registered office in 
this country. IPIN/I/DNK/P/6 
Page 4 
(2) The applicant shall produce evidence 
of his right to apply for entry of the var­
iety to the Board for Plant ~ovelties, see 
section 22 of this Act. Where the application 
is made by an attorney on behalf of the owner 
of the variety, the attorney shall produce 
evidence of his authority to represent the 
owner in all matters relating to the applica­tion and registration. 
(3) The Board may demand that the appli­
cant furnish all such information as is 
deemed necessary to entertain the application 
and may fix a time-limit herefor. The Board 
may further demand that material to be used 
for examination purposes, see section 9 of 
this Act, be submitted within a specified 
time. 
(4) At the time of the 
application, an application 
paid. making of the 
fee shall be 
4.-(1) The application shall be entered in 
the journal kept by the Board for Plant 
Novelties immediately after receipt, and a 
copy of the application furnished with the 
date of entry in the said journal shall be 
returned forthwith to the applicant. Notice 
of the application shall be published by the 
Board for Plant Novelties. 
(2) The journal shall be available to the 
public. However, this does not apply to in­
formation concerning the genealogical compo­
nents of hybrid varieties and the description 
hereof if the applicant has requested that 
the information be treated as confidential. 
5. The Board for Plant Novelties may re­
roove an entry from the journal if the appli­
cant does not furnish the information or 
testing material required by the Board pur­
suant to subsection (3) of section 3 of this 
Act within the time-limit prescribed by the 
Board. 
6.-(1) From the date of acceptance of the 
application the applicant shall enjoy a right 
of priority to protection of the variety if 
any other person subsequently makes an appli­
cation for protection of the same variety. 
(2) At the request of the applicant the 
Board for Plant Novelties may establish 
priority for the application from the date of 
acceptance of the first application for pro-IP/NI1 JDNKlP/6 
PageS 
tection of the variety in any member State of 
the International union for the Protection of 
New Varieties of Plants (UPOV) if the first 
application was filed within the previous 12 
months. The request shall be made at the time 
of the making of the application in this 
country and shall be accompanied oy evidence 
of the receipt of the first application. 
7. As soon as practicable after entry of 
the application in the journal the Board for 
Plant Novelties shall make a provisional 
examination to see whether the variety may be 
deemed to fulfil the conditions for protec­
tion. Where after such examination the Board 
finds that the conditions for protection are 
fulfilled, the Board shall publish a notice 
of the application together with an invita­
tion to all concerned to make known any ob­
jections to the registration of the variety 
within a specified time-limit. 
8.~(1) The Board for Plant Novelties shall 
refer any objections to the applicant~s right 
to make an application for protection of the 
variety to the ordinary courts of law. Where 
the Board is informed of such legal proceed­
ings, it shall furnish the application with 
an endorsement to this effect. 
(2) Where by reason of other objections 
the Board decides to remove the application 
from the journal and to discontinue the e~am­
ination, a notice to this effect shall be 
published by the Board. 
Part 3 
Examinations and Registration 
9.-(1} Before a variety which is the sub­
ject of an application can obtain protection, 
see; howeVer, section 21 of this Act, the 
Board for Plant Novelties shall cause an 
examination to be made to ascertain whether 
the variety satisfies the conditions herefor 
and whether it has the special character­
istics mentioned in the application. 
(2) The Board may decide that the examina­
tion of a variety can be shortened O~ omitted if the variety has previously been examined 
by an official testing authority. 
(3) The applicant may be required to pay a 
fee to cover the cost of the examination. IPIN/IIDNKIP/6 
Page 6 
10.-(1) Where after completion of the ex­
amination the Board for plant Novelties finds 
that the variety satisfies the conditions for 
protection, the Board shall enter the variety 
in the Register of Plant Novelties under a 
variety denomination approved by the Minister 
of Agriculture and shall publici~ a r~tice to 
this effect. 
(2) Where legal proceedings 
see subsection (1) of section 
a note to this effect shall 
Register of Plant Novelties. are pending I 
8 of this Act t 
be made in the 
11.-(1) The plant novelty shall be desig­
nated by the approved variety denomination. 
This shall apply even after the expiration of 
the period of protection. 
(2) It shall be permitted to associate a 
name with the variety denomination approved 
for the plant novelty. 
(3) At the request of the holder of Plant 
Breeders' Rights the Board for Plant Nov­
elties may in special cases permit that the 
plant novelty be given another name than the 
one originally approved. 
(4) The Minister ot Agriculture shall lay 
down regulations concerning the naming of 
plant novelties. 
12.-(1) Simultaneously with the publica­
tion of the registration the Board for Plant 
Novelties shall issue a certificate of pro­
tection t which shall be delivered to the 
applicant against payment of a registration 
fee. The certificate of protection shall be 
valid for a period of one year, and the per~ 
iod of validity may be extended by one year at a time for up to 25 years reckoned from 
the date of issue of the oertificate of pro­
tection, see, however, subsection (I) of sec­
tion 21 of this Act. 
(2) The period of validity of the certi­
ficate of protection shall be extended on the 
payment of an annual registration fee to the 
Board, for plant Novelties. 
Post-control 
13.-(1) The Board for Plant Novelties may 
carry out post-control to ensure that the 
plant novelty is satisfactorily maintained by 
the holder of Plant Breeders' Rights. IPINI1 IDNKfPI6 
Page? 
(2) The holder of Plant Breeders; Rights 
shall within the time-limits prescribed by 
the Board make the neoessary plant material 
available for the post-control to be per­
formed by the Board for Pl~nt Novelties. 
Removal 
14.-(1) The Board for Plant Novelties 
shall remove a plant novelty from the Reg­
ister of Plant Novelties if 
(1) it is shown that at the time of 
registration the plant novelty did 
not satisfy the conditions for entry 
laid down by section 1 of this Act, 
(2) during its post-contro~ the Board 
finds that the plant novelty has not 
been satisfactorily maintained, 
(3) the Board receives a written request 
from the holder of ~lant Breeders· 
Rights to this effeot. or 
(4) the annual registration fee has not 
been paid. 
(2) The Board for Plant Novelties may 
further remove a plant novelty from ·the 
Register of Plant Novelties if the holder of 
Plant Breeders' Rights does not within the 
time-limit prescribed by the Board comply 
with the Board's request to make the necess­
ary material available to the Board for the 
PO$t~oohtx-ol , 
(3) The plant novelty shall be removed two 
months after the holder of Plant Breeders' 
Rights has been notified of the decision of 
the Board for Plant Novelties unless before 
the expiration of that period the matter is 
brought before the cou~ts of law by the 
holder of Plant Breeders' Rights. 
15. Once removed from the Register of 
Plant Novelties, a plant novelty cahnot be 
re-e'ntered in the Register. The Board for 
Plant Novelties shall publisn a notice of the 
removal and the reason for it. IPINIlIDNKlPI6 
Page 8 
Part 4 
Scope of Protection 
16.-(1) A plant novelt~may be used com­
mercially as propagating material for the 
purpose of selling propagating material only 
with toe permission of the holder of Plant 
Breeders' Rights and only on the terms and 
conditions specified by the holder, includir.g 
terms and conditions concerning payment of a royalty. . 
(2) Any person who propagates a plant 
novelty commeroially for the purpose of 
selling propagating material or sells propa­
gating material hereof shall furnish the 
holder of Plant Breeders' Rights with any in­
formation that is needed to compute and 001-
1ect the royalty payable to the holder. 
(3) The Minister of Agriculture may by 
regulations prescribe that any person propa­
gating plant novelties of specified species 
for commercial use in his own business shall 
pay a royalty to the holder of Plant 
Breeders* Rights. 
17. Plant novelties may be used freely for 
breeding activities. 
The Duty of the Holder of Plant Breeders~ 
Rights to Supply Plant Material, Etc. 
18. To the extent it is necessary to en­
sure that the agricultural sector is supplied 
with plant material, the holder of Plant 
Breeders' Rights shall within a reasonable 
time either himself or through others execute 
orders for suitable propagating material of 
the plant novelty. 
19.-(1) The terms and conditions stipu­
lated by the holder of Plant Breeders' 
Rights, see subsection (1) of section 16 of 
this Aot, shall be limited to the commercial 
propagation of tbe plant novelty, offers for 
sale and sale of propagating material of the 
plan~ novelty as well as to the royalty. The 
terms and conditions shall be reasonable and 
identical for all producers. 
(2) Any dispute as to whether the terms 
and conditions stipulated by the holder of 
Plant Breeders' Rights are reasonable may be IP INIlIDNKIP /6 
Page 9 
referred to the Terms Board for Pl~nt Nov­elties, see sUbsection (1) of section 22 of 
this Act. Where the Board finds that the 
terms and cohditions are unreasonable, it may 
order the holder of Plant Breeders' Rights to 
alter them. 
(3) The holder of Plant Breeders' Rights 
shall net be allowed to demand a fee for the 
use of a trade mark associated with an ap­
proved variety dehomination, see subsectioh 
(2) of section 11 of this Act, until after 
the e~piration of a period of 25 years 
reckoned from the date of issue of the certi­ficate or protection for the plant novelty no 
matter whether the registration is maintained 
throughout the period. 
(4) Subsection (3) of this section shall 
not apply to propagating material of a var­
iety protected in this country if the propa­
gating materia~ originates from a State which 
has not protected the variety. 
20.-(1) Where the holder of Plant 
Breeders' Rights refuses a request for per­
mission for propagation or an order for pro­
pagating material, the matter may be brought 
before the Terms Board for Plant Novelties. 
If the Board finds that the refusal was un­
justified, it may order the holder of Plant 
Breeders' Rights to grant the desired permis­
sion and to supply suitable propagating ma­terial to anyone who in the judgement of the 
Board is deemed to be able to propagate or 
utilise the plant novelty in a satisfactory 
manner. 
(2) Where the Minister of Agriculture de­
termines that it is necessary to ensure the 
wide distribution of a plant novelty or to 
prevent substantial deterioration of the con­
ditions for a branch of industry, he may 
after consultation with the Terms Board for 
Plant Novelties order the holder of Plant 
Breeder5~ Rights to give anyone that is found 
by the Board to be suited permission for com­
mercial propagation and sale of propagating 
material of a plant novelty and to execute, 
within a reasonable time, either himself or 
through others orders from the person oon­
cerned for suitable propagating material of 
the plant novelty. IPINI1 IDNKlP/6 
Page 10 
Utilisation during the Period of Application 
21.-(1) The terms and conditions referred 
to in subsection (1) of section 16 of this 
Act may be stipulated by the applicant for 
P~ant Breeders' Rights in the period from 
acceptance of the applicatic~ !C~ protection 
of a variety to its entry in the Register of 
Plant Novelties (the period of application) 
provided the applicant notifies the Board for 
Plant Novelties thereof and from the time of 
such notice satisfies the obligation set out 
in section 18 of this Act. In that case the 
period of protection referred to in section 
12 of this Act shall be reckoned from the 
date of entry of the notice in the journal 
kept by the Register of Plant Novelties. The 
provisions of sections 11 and 20 of this Act 
shall apply correspondingly during the period 
of application. . 
(2) Any royalty collected during the per­
iod of application shall be deposited by the 
producer in a blocked account with a finan­
cial institution in favour of the applicant 
for Plant Breeders' Rights. The amount shall 
be released if the variety is entered in the 
Register of Plant Novelties. Otherwise the 
deposited amount inclusive of any interest 
accrued shall be repaid to the producer. 
(3) If the application for protection of a 
variety is withdrawn or if the entry of the 
variety in the Register of Plant ~oveltie$ is 
refused, the variety can be used freely for 
propagation. A producer who during the period 
of application has used the variety for pro­
pagation shall be in the same position as if 
an unprotected variety had been used. 
Part 5 
Administration 
22.-(1) The Minister of Agriculture shall 
set up a board, the Board for Plant Nov­
elties, to administer the provisions of Parts 
2 and 3 of this Act and a board, the Terms 
Board for Plant Novelties, to deal ~ith 
disputes concerning licence terms and cobdi­
tions, see Part 4 of this Act. 
(2) The Board for Plant Novelties shall 
consist of a chairman to be appointed by the 
Minister and up to 6 members to be appointed IP/N/IIDNKlPI6 
Page 11 
by the Minister afte4 consultation with the 
Government Committee on Crop Husbandry and 
the Forestry Research Board. 
(3) The Terms Board £or Plant Novelties 
shall consist of a chairman, a graduate in 
law, to be appointed by the Minister and up 
to 5 members to be appointed by the parties 
to the dispute concerned. 
(4) The Minister of Agriculture may lay 
down regulations concerning the pub~ication 
of notices from the Board for Plant Novelties 
pursuant to subsection (1) of section 4, sec­
tion 7, subsection (2) of section 8, subsec­
tion (l) of section 10, section 15 and sub­
section (1) of section 21 of this Act and 
concerning the making of applications pur­
suant to section 3 of this Act. 
Complaints 
23. The decisions made by the Board for 
Plant Novelties pursuant to Parts 2 and 3 
of this Act and the decisions made by the 
Terms Board for Plant Novelties pursuant to 
Part 4 'of this Act cannot be brought before 
any other administrative authority. 
Notices, Etc. 
24. Where the owner of the variety is not 
resident in or does not have his registered 
office in this country, notices, etc. may be 
served on a duly authorised attorney resident 
in or having his registered office in this 
country. ln all other cases notices, etc. 
shall be served in accordance with section 
159 of the Administration of 0ustice Act. ' 
Fees 
25. The Minister of Agriculture shall fix 
the amount of the fees to be collected pur­
suant to subsection (4) of section 3 and sub­
section (2) of section 12 of this Act and may 
further fix fees to cover, in whole or in 
part, the cost of examination pursuant to 
subsection (3) of section 9 of this Act. IP/N/l/DNK/P/6 
Page 12 
Part 6 
offences 
26.-(1) A person who oObtravenes subsec­
tion (1) or (2) of section 16 of this Act 
shall be liable to a fine. Any contravention 
of the said provisions shall be subject to 
private prosecution. 
(2) A person who 
(1) contravenes subsection (1) of sec­
tion 11 of this Act, or 
(2) fails to comply with an order given 
pursuant to the second sentence of 
subsection (2) of section 19 and the 
second sentence o£ sUbsection (1) of 
section 20 of this Act 
shall likewise be liable to a fine. 
(3) Any regulations issued pursuant to 
subseotion (4) of section 11 and subsection 
(3) of section 16 of this Act may provide for 
punishment with a fine for contravention of 
the provisions of the regulations. 
(4) Where offences are committed by com­
panies, private limited companies, co-oper­
ative societies, or the like, the liability 
to pay a fine may be imposed on the company, 
etc. as such. Where an offence is oommitted 
by a local authority or by an inter-municipal 
enterprise, see seotion 60 of the Local 
Government Administration Act, the liability 
to pay a fine may be imposed on such local 
authority or inter-munioipal enterprise. 
Entry into force, etc. 
27.-(1) This Act shall enter into force on 
1 January 1988. 
(2) At the same time Law No. 205 of 16 
June 1962 on the Proteotion of Plant 
Breeders' Rights shall be repealed. 
(3) Provisions laid down by the Law re­
ferred to in subsection (2) of this section 
shall remain in force until repealed by the 
Minister of Agriculture. Contravention of the 
provisions shall be punishable by a fine. 
28.-(1) 
tion (3) 
apply to 
( 1 ) The provision laid down in subsec­
of section 19 of this Act shall 
plant novelties registered on 1 
January 1988 or later, and IPINIIIDNKlPI6 
Page 13 
(2) registered plant novelties where 
afte~ the coming into operation of 
this Act the holder of Plant 
Breeoers' Rights utilises the right 
to an extended period of protection 
as set out in section 12 of this 
Act. 
29. This Act shall not extend to the 
Faeroe Islands and Greenland. 
Given at Fredensborg Castle on the 23 December 
1987 
Und.er Our Royal Hand. and Seal 
MAf(GRETHE R. 
/LAURITS T~RN'S IPIN/l/DNKIP/6 
Page 14 
Amendment to the Plant Variety Protection Act 
WE, MARGRBTHE THE SECOND, by the Grace of God 
Queen of Denmark, hereby make known: 
The Danish Foiketing has passed and we by Our Consent have confinned the following Act: 
§I 
Act No. 866 of 23 December 1987 on Plant Variety Protection is to be amended as follows: 
§ 12, art. I, 2. item should read as follows: 
"The certificate of protection is valid for one year, and the protection may be extended for one year at a time 
for a period of 25 years, however, for varieties of potatoes the maximum is 30 years, from the date of issue 
of the certificate of protection, cf. § 21, art. 1". 
§2 
The Act enters into force on 1 January 1995. 
Given at Christiansborg Castle on 21 !)«:ember 1994 
Under Our Royal Hand and Seal 
MARGRETIffi R. 
Bcnrik Dam Kristensen IPINIIIDNKlPI6 
Page 15 
Act No. 1086 of December the 20th 1995 
Act on amendment of act on 
Plant Variety Protection 
WE, MARGRETHE THE SECOND, by the Grace of God 
Queen of Denmark, hereby make known: 
The Danish Parliament has adopted and We 
by Our consent have confirmed the following act: 
Article 1 
In Act no. 866 of December the 23rd 1987 on Plant Variety Protection, as amended by 
act no. 1107 of December the 21st 1994, is the following amendments established: 
1. Art. 1, (V, is thus drawn up: 
"Varieties of all species and genera of plant may be protected as plant novelties if at 
the time of granting of protection they are 
1) independent, by which is meant that they are distinguishable by one or more 
characteristics, or by a combination of characteristics, from any other variety 
known at the time when protection is applied for, 
2) sufficiently uniform, 
3) stable in their specific characteristics (main characteristics) when propagated in 
accordance with the method specified by the breeder and 
4) new, by which is meant that the propagating material or harvested material of 
the variety has not prior to the application been offered for sale, sold or in any 
other manner transferred with the consent of the owner of the variety and with 
a view to commercial utilisation, 
a) in this country for more than one year, or 
b) in a foreign country for more than four years or, in the case of grape vines, 
trees and their root-stocks, for more than six years." 
Ministry of Agriculture and Fisheries, 1st Dept., 1 kt., File No. 95·7202·4 IP/N/IIDNK/P/6 
Page 16 
2. Art. 1, (2), is repealed, and instead is inserted: 
"(2) Notwithstanding paragraph I, no. 4, a variety is considered a novelty, 
1) even though material of the variety has been sold or transferred 
a) to an official institution for legal purposes, 
b) to others in accordance with a contract or other legally binding arrangement 
with a view solely to propagation or treatment and storage for the purpose of 
propagation, provided that the recipient did not hold a right of 
disposal over the material of the variety, or 
c) by one company to another company, if one of the companies is owned by 
the other, or if both companies are owned by a third company, provided that 
none of the companies are co-operative societies, and 
2) even though propagation material or harvested material of the variety 
produced from plants that have been cultivated for the purpose of experiments 
or breeding has been offered for sale, sold or transferred to others provided that 
this has happened without reference to the variety. 
(3) Paragraph (2) does not apply to varieties used for the production of a hybrid 
variety if repeated use of the variety is necessary for the production, and if 
material of the hybrid variety has been sold or transferred to others." 
3. Art. 2 is thus drawn up: 
"Art. 2. The Ministry of Agriculture and Fisheries may, as an exception, approve the 
protection of a variety that does not satisfy the conditions laid down in Article 1 (1), 
No. 4, if it is considered to be of economic interest to agriculture." 
4. In Art. 3 (2) 2nd sentence, " The European Economic Community" is amended to " 
The European Union". 
5. Art. 9 is thus drawn up: 
"Art. 9. (1) Before a variety for which an application has been filed can obtain 
protection, cf., however, Article 21, the Board for Plant Novelties shall establish 
whether the variety can be considered to fulfil the conditions herefore, including 
whether it has the special characteristics mentioned in the application. To this end the 
Board shall arrange for an examination of the variety to the necessary extent. 
(2) The applicant may be required to pay a fee to cover the costs incurred by the Board 
in connection with examining the variety." 
6. Art. 10 (1) is thus drawn up: 
'1f the variety is considered to satisfy the conditions for protection, the Board for 
Plant Novelties shall enter the variety in the Register of Plant Novelties under a variety IPINIlIDNKlPI6 
Page 17 
denomination, which has been approved in accordance with provisions laid down by 
the Minister of Agriculture and Fisheries." 
7. In art. 10 is inserted after (1) as a new paragraph: 
1/(2) The Board for Plant Novelties may refuse registration of a variety if the holder 
of the variety does not within a fixed time-limit comply with the Board's request to 
propose a name for the variety or fails to propose a new name, where the Board has 
found that the name proposed does not satisfy the conditions for approval." 
. Paragraph (2) hereafter becomes paragraph (3). 
8. In art. 12 is inserted as paragraph (3): 
1/(3) Irrespective of paragraph (1) of this section the Minister of Agriculture and 
Fisheries may lay down provisions to the effect that the validity of the certificate of 
protection for varieties of further specified species and genera can be extended for a 
period of up to 30 years." 
9. Art. 14, (2), is thus drawn up: 
1/(2) The Board for Plant Novelties may further delete a plant novelty from the Regi­
ster of Plant Novelties if the holder of the variety does not within the time-limit fixed 
by the Board comply with the Board's request 
1) to make available to the Board the material needed for the post-control or 
2) to propose a new name for the variety in cases where the Board has 
subsequently found that the approved name does not satisfy the 
provisions laid down by the Minister of Agriculture and Fisheries." 
10. In Art. 14, (3), is I/the ruling of the Board for Plant Novelties" amended to: "the 
decision of the Board for Plant Novelties" and "the court of justice" is amended to 
I/the law-courts" 
11. Art. 16 is thus drawn up: 
1/(1) Material of a plant novelty may only 
1) be used for commercial production, propagation or treatment and storage with 
a view to propagation, and 
2) be offered for sale, sold, transferred or stored with a view to sale or transfer 
subject to permission by the holder of the variety and only on the terms and 
conditions, including payment of an appropriate royalty, specified by the 
holder. 
(2) The Minister of Agriculture and Fisheries may lay down provisions to the effect that 
any person propagating plant novelties of specified species for professional use on his 
own holding shall pay a royalty to the holder of the variety. IPINIlIDNKIP/6 
Page 18 
(3) Any person who propagates a plant novelty or sells propagating material of the 
plant novelty shall provide the holder of the variety with the information necessary for 
calculation and collection of royalty. 
(4) Paragraphs (1) -(3) shall apply correspondingly 
1) to harvested material obtained from the use of propagation material of a plant 
novelty, if the holder of the variety 
a) has not permitted such use of the material and 
b) has not had the possibility of exercising his rights to the material in 
accordance, 
2) to varieties that 
a) are essentially derived from a plant novelty if this is not itself essentially a 
derived variety or 
b) are not independent in relation to the plant novelty, cf. Article (1) (I), or 
c) can be produced only by repeated use of the plant novelty. 
(5) The Ministry of Agriculture and Fisheries may decide that on the conditions laid 
down in paragraph (4) no. I, a) and b), paragraphs (1) -(3) shall also apply to products 
produced from propagation material of a plant novelty or any harvested material 
obtained therefrom. 
(6) The conditions specified by the holder of the variety, cf. paragraph (1) may only 
concern the use and offer for sale as stated in paragraph (1), nos. 1 and 2, and royalties. 
The terms and conditions shall be reasonable and identical for all producers." 
12. Art. 17 is thus drawn up: 
"Art. 17. Plant novelties may be used freely for research and breeding activities." 
13. Art. 18 with appurtenant subtitle is repealed. 
14. Art. 19, (1), is repealed. 
Paragraphs (2)-(4) hereafter becomes paragraphs (1)-(3). 
15. In Art. 19, (2), which becomes paragraph (1), is "reasonable" amended to: "in 
accordance with Article 16 (6)", and "unreasonable" is amended to "not in accordance 
with Article 16 (6)". 
16. In art. 19, (3), which becomes paragraph (2), is inserted after 1/25 years" : 1/(30 resp.) 
years, cf. Article 12 (3),". IP/N/l/DNK/P/6 
Page 19 
17. In art. 19, (4), which becomes paragraph 3, is ''Paragraph 3" amended to: 
''Paragraph 2". 
18. Art. 20 is thus drawn up: 
"Art. 20. If the Minister of Agriculture and Fisheries considers it necessary to ensure 
distribution of a plant novelty or to prevent substantial deterioration of the conditions 
for a branch of industry, he may after consultation with the Terms Board for Plant 
Novelties order the holder of the variety to give one or more persons permission for the 
commercial propagation and sale of propagating material of a plant novelty and to 
fulfil, or cause others to fulfil, orders for suitable propagating material within a 
reasonable time-limit. The provisions of Article 16 shall apply correspondingly." 
19. In art. 21, (1), //and for the time of the notice lUldertakes the obligation, which is 
mentioned in art. 18// is omitted. 
20. Art. 22 is thus drawn up: 
jJ Art. 22. The Minister of Agriculture and Fisheries shall set up a board, the Board 
for Plant Novelties, to administer the provisions of Chapters 2 and 3 of the Act, and a 
board, the Terms Board for Plant Novelties, to deal with disputes concerning the terms 
and conditions of royalties, cf. Chapter 4. 
(2) The Minister of Agriculture and Fisheries shall lay down the composition and 
flUlctions of the in the rules of procedure of the Boards." 
21. Art. 25 is thus drawn up: 
// Art. 25. The Ministry of Agriculture and Fisheries may lay down provisions 
concerning 
1) fees to cover the costs incidental to dealing with applications, cf. Article 3 (4), 
and to the prolongation of the validity of the certificate of protection, d. Article 
12 (2), and for total or partial covering of the costs of examination, d. Article 9 
(2), 
2) interest in connection with late payment of fees, and 
3) fees for letters of reminder. 
(2) Distress may be levied on fees and interest charged pursuant to paragraph (1)." 
22. In art. 26, (1), "art. 16, (1) or (2)" is amended to: "art. 16, (1), (3) or (4)". 
23. In art. 26, (2), no. 2 is thus drawn up: 
//2) fails to comply with an order given pursuant to Article 19 (1), 2nd sentence, 
and Article 20 shall likewise be punished by a fine." IP INIIIDNKIP 16 
Page 20 
24. In art. 26, (3), "Art. 16, (3)" is amended to: "art. 16, (2) and (5)", and as a new 2nd 
sentence "Any contravention of regulations laid down according to Article 16 (2) and 
(5), shall be subject to private prosecution." is inserted. 
Article 2 
(1) The Act shall come into force on 1 January, 1996. 
(2) Article 1 (3) as drawn up in Article 1, no. 2, of this Act shall apply only to varieties 
for which an application for protection was filed not later than 31 December, 1995. 
(3) Article 16 (4), no. 2, as drawn up in Article 1, no. 11 of this Act, shall apply only to 
varieties that prior to 1 January, 1996, have not been transferred to an official body for a 
legal purpose or, with the consent of the holder of the variety and with a view to 
commercial utilisation of the variety, have been offered for sale, sold, or otherwise 
transferred. 
Given at Christiansborg Castle on December the 20th 1995 
Under Our Royal Hand and Seal 
MARGRETHE R. 
/Henrik Dam Kristensen IP INIlIDNKIP /6 
Page 21 
Order No. 51 of 5 February, 1996 
Consolidated Act on 
Plant Variety Protection 
This is to consolidate the Act on Plant Variety Protection, cf. Act. No. 866 of 23 
December, 1987, with the amendments that ensue from Act No. 1107 of 21 December 
1994, and Act No. 1086 of 20 December, 1995. 
Article 1 Chapter 1 
Scope of the Act 
(1) Varieties of all species and genera of plant may be protected as plant novelties if at 
the time of granting of protection they are 
1) independent, by which is meant that they are distinguishable by one or more 
characteristics, or by a combination of characteristics, from any other variety 
known at the time when protection is applied for, 
2) sufficiently uniform, 
3) stable in their specific characteristics (main characteristics) when propagated in 
accordance with the method specified by the breeder and 
4) new, by which is meant that the propagating material or harvested material of 
the variety has not prior to the application been offered for sale, sold or in any 
other manner transferred with the consent of the owner of the variety and with 
a view to commercial utilisation, 
a) in this country for more than one year, or 
b) in a foreign country for more than four years or, in the case of grape vines, 
trees and their root-stocks, for more than six years. 
Ministry of Agriculture and Fisheries. 1st Dept., 1 kt., File No. 95-7202"4 IPINI1 IDNKlP/6 
Page 22 
(2) Notwithstanding paragraph 1, no. 4, a variety is considered a novelty, 
1) even though material of the variety has been sold or transferred 
a) to an official institution for legal purposes, 
b) to others in accordance with a contract or other legally binding arrangement 
with a view solely to propagation or treatment and storage for the purpose of 
propagation, provided that the recipient did not hold a right of 
disposal over the material of the variety, or 
c) by one company to another company, if one of the companies is owned by 
the other, or if both companies are owned by a third company, provided that 
none of the companies are cooperative societies, and 
2) even though propagation material or harvested material of the variety 
produced from plants that have been cultivated for the purpose of experiments 
or breedLlg has been offered for sale, sold or transferred to others provided that 
this has happened without reference to the variety. 
(3) Paragraph (2) does not apply to varieties used for the production of a hybrid 
variety if repeated use of the variety is necessary for the production, and if 
material of the hybrid variety has been sold or transferred to others. 
Article 2 
The Ministry of Agriculture and Fisheries may, as an exception, approve the protection 
of a variety that does not satisfy the conditions laid down in Article 1 (1), No. 4, if it is 
considered to be of economic interest to agriculture. 
Article 3 Chapter 2 
Appl icatio ns 
(1) An application for entry of a variety in the Register of Plant Novelties shall be 
submitted to the Board for Plant Novelties by the holder of the variety. If the holder is 
not resident in or does not have his registered office in a Member State of the European 
Union, such application shall be made by an agent, appointed by the applicant, who is 
resident in or has his registered office in Denmark. 
(2) The applicant shall before the Board for Plant Novelties, cf. Article 22, produce 
evidence of his right to apply for entry of the variety to. If the application is made by an 
agent on behalf of the holder of the variety, the agent shall produce documentation of IPINIIIDNKlPI6 
Page 23 
his authority to represent the owner in all matters relating to the application and 
registration. 
(3) The Board may demand that the applicant furnish all such information as is 
deemed necessary to try the application and may fix a time-limit herefore. The Board 
may further demand that material to be used for examination, cf. Article 9, be submit­
ted within a specified period. 
(4) At the time of the making of the application, an application fee shall be paid. 
Article 4 
(1) The application is entered in the journal kept by the Board for Plant Novelties 
immediately after receipt, and a copy of the application provided with the Board of 
Plant Protection's note as to the date of entry in the journal shall be returned imme­
diately to the applicant. Notice of the application shall be published by the Board for 
Plant Novelties. 
(2) The journal shall be accessible to the public. However, this does not apply to infor­
mation concerning the genealogical components of hybrid varieties and descriptions 
hereof, if the applicant has requested that the information be treated as confidential. 
The Board for Plant Novelties may delete an entry from the journal if the applicant 
does not furnish the information or testing material required by the Board pursuant to 
Article 3 (3) within the time-limit fixed by the Board. 
Article 6 
(1) From the date of filing of the application the applicant shall enjoy a right of priority 
to protection of the variety if any other person subsequently submits an application for 
protection of the same variety. 
(2) At the request of the applicant the Board for Plant Novelties may establish priority 
for the application from the date of the first application for protection of the variety in 
any Member State of the International Union for the Protection of New Varieties of 
Plants (UPOV) if the first application was filed within the previous 12 months. The 
request shall be made at the time of the filing of the application in this country and 
shall be accompanied by documentation of the receipt of the first application. IP /N/l/DNKIP /6 
Page 24 
Article 7 
As soon as possible after entry of the application in the journal the Board for Plant 
Novelties shall make a provisional examination to establish whether the variety may be 
considered to fulfil the conditions for protection. If based upon such examinations the 
Board finds that the conditions for protection are fulfilled, the Board shall publish a 
notice of the application together with an invitation to all concerned to make known 
within a specified time-limit any objections to the registration of the variety. 
Article 8 
(1) The Board for Plant Novelties shall refer any objections to the applicant's right to 
apply for protection of the variety to the ordinary law-courts. When the Board is 
informed of such legal proceedings, it shall furnish the application with an note to this 
effect. 
(2) If on the basis of other objections the Board decides to delete the application from 
the journal and to discontinue its examination, a notice to this effect shall be published 
by the Board. 
Article 9 Chapter 3 
Examination and registration 
(1) Before a variety for which an application has been filed can obtain protection, cf., 
however, Article 21, the Board for Plant Novelties shall establish whether the variety 
can be considered to fulfil the conditions herefore, including whether it has the special 
characteristics mentioned in the application. To this end the Board shall arrange for an 
examination of the variety to the necessary extent. 
(2) The applicant may be required to pay a fee to cover the costs incurred by the Board 
in connection with examining the variety. 
Article 10 
(1) If the variety is considered to satisfy the conditions for protection, the Board for 
Plant Novelties shall enter the variety in the Register of Plant Novelties under a variety 
denomination, which has been approved in accordance with provisions laid down by 
the Minister of Agriculture and Fisheries. 
(2) The Board for Plant Novelties may refuse registration of a variety if the holder of the 
variety does not within a fixed time-limit comply with the Board's request to propose a IPINI1/DNKlPI6 
Page 25 
name for the variety or fails to propose a new name, where the Board has found that 
the name proposed does not satisfy the conditions for approval. 
(3) Where legal proceedings are pending, Article 8 (1), a note to this effect shall be 
made in the Register of Plant Novelties. 
Article 11 
(1) The plant novelty shall be designated by the approved variety denomination. This 
shall apply even after expiry of the period of protection. 
(2) It shall be permitted to use an additional denomination for the new variety in con­
nection with the variety denomination. 
(3) At the request of the holder of the variety the Board for Plant Novelties may in 
special cases permit that the plant novelty be given another denomination than the one 
originally approved. 
(4) The Minister of Agriculture and Fisheries shall lay down provisions on the 
denomination of plant novelties. 
Article 12 
(1) Simultaneously with the publication of the registration the Board for Plant Novelties 
shall issue a certificate of protection, which shall be delivered to the applicant against 
payment of a registration fee. The certificate of protection shall be valid for a period of 
one year, and the period of validity may be extended by one year at a time for up to 25 
years or, for varieties of potatoes, up to 30 years, calculated from the date of issue of the 
certificate of protection, cf., however, article 21 (1) . 
(2) The validity of the certificate of protection is extended against payment of an annual 
registration fee to the Board for Plant Novelties. 
(3) Irrespective of paragraph (1) of this section the Minister of Agriculture and Fisheries 
may lay down provisions to the effect that the validity of the certificate of protection for 
varieties of further specified species and genera can be extended for a period of up to 
30 years. 
Post-control 
Article 13 
(1) The Board for Plant Novelties may carry out post-control to ensure that the plant 
novelty is maintained satisfactorily by the holder of the variety. IP/N/IIDNKIP/6 
Page 26 
(2) The holder of the variety shall within the time-limits fixed by the Board make the 
necessary plant material available for the post-control to be performed by the Board for 
Plant Novelties. 
Removal 
Article 14 
(1) The Board for Plant Novelties deletes a plant novelty from the Register of Plant 
Novelties if 
1) it is established that at the time of registration the plant novelty did not satisfy 
the conditions for entry laid down in Article 1, 
2) at the post-control the Board finds that the plant novelty has not been 
maintained satisfactorily, 
3) the Board receives a written request from the holder of the variety to this effect, 
or 
4) the annual registration fee has not been paid. 
(2) The Board for Plant Novelties may further delete a plant novelty from the Register 
of Plant Novelties if the holder of the variety does not within the time-limit fixed by the 
Board comply with the Board's request 
1) to make available to the Board the material needed for the post-control or 
2) to propose a new name for the variety in cases where the Board has 
subsequently found that the approved name does not satisfy the 
provisions laid down by the Minister of Agriculture and Fisheries. 
(3) The plant novelty shall be deleted from the Register two months after notification of 
the holder of the variety of the decision of the Board for Plant Novelties unless before 
expiry of that period the case has been brought before the law-courts by the holder of 
the variety. 
Article 15 
If a plant novelty has been deleted from the Register of Plant Novelties, it cannot be re­
entered in the Register. The Board for Plant Novelties shall publish a notice of the 
deletion and the reason for it. Part 4 
Scope of protection 
Article 16 
(l~ Material of a plant novelty may only IP/N/IIDNKlPI6 
Page 27 
1) be used for commercial production, propagation or treatment and storage with 
a view to propagation, and 
2) be offered for sale, sold, transferred or stored with a view to sale or transfer 
subject to permission by the holder of the variety and only on the terms and 
conditions, including payment of an appropriate royalty, specified by the 
holder. 
(2) The Minister of Agriculture and Fisheries may lay down provisions to the effect that 
any person propagating plant novelties of specified species for professional use on his 
own holding shall pay a royalty to the holder of the variety. 
(3) Any person who propagates a plant novelty or sells propagating material of the 
plant novelty shall provide the holder of the variety with the information necessary for 
calculation and collection of royalty. 
(4) Paragraphs (1) -(3) shall apply correspondingly 
1) to harvested material obtained from the use of propagation material of a plant 
novelty, if the holder of the variety 
a) has not permitted such use of the material and 
b) has not had the possibility of exercising his rights to the material in 
accordance, 
2) to varieties that 
a) are essentially derived from a plant novelty if this is not itself essentially a 
derived variety or 
b) are not independent in relation to the plant novelty, cf. Article (1) (1), or 
c) can be produced only by repeated use of the plant novelty. 
(5) The Ministry of Agriculture and Fisheries may decide that on the conditions laid 
down in paragraph (4) no. 1, a) and b), paragraphs (1) -(3) shall also apply to products IP/N/l/DNKlPI6 
Page 28 
produced from propagation material of a plant novelty or any harvested material 
obtained therefrom. 
(6) The conditions specified by the holder of the variety, cf. paragraph (1) may only 
concern the use and offer for sale as stated in paragraph (1), nos. 1 and 2, and royalties. 
The terms and conditions shall be reasonable and identical for all producers. 
Article 17 
Plant novelties may be used freely for research and breeding activities. 
Article 18 
(Repealed). 
Article 19 
(1) The question of whether the terms and conditions stipulated by the holder of the 
variety are in accordance with Article 16 (6) may be referred to the Terms Board for 
Plant Novelties, cf. Article 22 (1). Where the Board finds that the terms and conditions 
are against Article 16 (6), it may order the holder of the variety to change them. 
(2) The holder of the variety shall not be entitled to demand a fee for the use of an 
additional variety denomination registered as a trade mark, cf. Article 11 (2), until after 
the expiration of a period of 25 (30 resp.) years, cf. Article 12 (3), calculated from the 
date of issue of the certificate of protection for the plant novelty irrespective of whether 
the registration is maintained throughout the period. 
(3) Paragraph 2 shall not apply to propagating material of a variety protected in this 
country if the propagating material originates from a state which has not protected the 
variety. 
Article 20 
If the Minister of Agriculture and Fisheries considers it necessary to ensure distribution 
of a plant novelty or to prevent substantial deterioration of the conditions for a branch 
of industry, he may after consultation with the Terms Board for Plant Novelties order 
the holder of the variety to give one or more persons permission for the commercial 
propagation and sale of propagating material of a plant novelty and to fulfil, or cause 
others to fulfil, orders for suitable propagating material within a reasonable time-limit. 
The provisions of Article 16 shall apply correspondingly. Article 21 IPINIlIDNK/P/6 
Page 29 
(1) The terms and conditions referred to in Article 16 (1) may be applied the holder of 
the variety in the period from acceptance of the application for protection of a variety 
till its entry in the Register of Plant Novelties (the period of application), provided that 
the applicant notifies the Board for Plant Novelties thereof. The protection period 
stated in Article 12 shall in this case be calculated from the date of entry of the notice in 
the journal kept by the Board for Plant Novelties. The provisions of Articles 11 and 20 
shall apply correspondingly during the period of application. 
(2) Any royalties collected during the period of application shall be deposited by the 
producer on a blocked account in a financial institution in favour of the holder of the 
variety. The amount shall be released if the variety is entered in the Register of Plant 
Novelties. Otherwise, the deposited amount, inclusive of any interest accrued, shall be 
repaid to the producer. 
(3) If the application for protection of a variety is withdrawn, or if the entry of the 
variety in the Register of Plant Novelties is refused, the variety may be used freely for 
propagation. A producer, who during the period of application has used the variety for 
propagation, shall be in the same position as if an unprotected variety had been used. 
Article 22 Chapter 5 
Administration 
(1) The Minister of Agriculture and Fisheries shall set up a board, the Board for Plant 
Novelties, to administer the provisions of Chapters 2 and 3 of the Act, and a board, the 
Terms Board for Plant Novelties, to deal with disputes concerning the terms and 
conditions of royalties, cf. Chapter 4. 
(2) The Minister of Agriculture and Fisheries shall lay down the composition and 
functions of the in the rules of procedure of the Boards. 
Complaints 
Article 23 
The decisions of the Board for Plant Novelties pursuant to Chapters 2 and 3 and the 
decisions of the Terms Board for Plant Novelties pursuant to Chapter 4 of this Act 
cannot be brought before another administrative authority. IPINI1 IDNKlPI6 
Page 30 
Article 24 Services etc. 
Where the holder of the Plant Breeder's Rights is not resident in or does not have his 
registered office in this country, writs etc. may be served to a duly authorised agent 
who is resident or has his registered office in this country. In all other cases, notices etc., 
shall be served in accordance with Article 159 of the Administration of Justice Act. 
Fees 
Article 25 
(1) The Ministry of Agriculture and Fisheries may lay down provisions concerning 
1) fees to cover the costs incidental to dealing with applications, cf. Article 3 (4), 
and to the prolongation of the validity of the certificate of protection, cf. Article 
12 (2), and for total or partial covering of the costs of examination, cf. Article 9 
(2), 
2) interest in connection with late payment of fees, and 
3) fees for letters of reminder. 
(2) Distress may be levied on fees and interest charged pursuant to paragraph (1). 
Article 26 
(1) Any person who contravenes Article 16 (1), (3) or (4) shall be liable to a fine. 
Contravention of the said provisions is subject to private prosecution. 
(2) Any person who 
1) contravenes Article 11 (1), or 
2) fails to comply with an order given pursuant to Article 19 (1), 2nd sentence, and 
Article 20 shall likewise be punished by a fine. 
(3) Regulations issued pursuant to Article 11 (4) and Article 16 (2) and (5), may provide 
for punishment by a fine for contravention of the provisions of the regulations. Any 
contravention of regulations laid down according to Article 16 (2) and (5), shall be sub­
ject to private prosecution. IP/N/1IDNKlPI6 
Page 31 
(4) Where a contravention has been committed by limited companies, private limited 
companies, co-operative societies, e.a., the punishment by a fine may be imposed on the 
company as such. Where contravention is committed by a local authority or by an inter­
municipal enterprise, cf. Article 60 of the Local Administration Act, the punishment by 
a fine may be imposed on the local authority or the inter-municipal enterprise. 
Coming into Force etc. 
Article 27 
(1) This Act shall come into force on 1 January, 1988. 
(2) At the same time Act No. 205 of 16 June, 1962 on the Protection of Plant Breeders' 
Rights shall be repealed. 
(3) Provisions laid down in the Act referred to in paragraph 2 shall remain in force until 
repealed by the Minister of Agriculture and Fisheries. Contravention of the provisions 
shall be punishable by a fine. 
Article 28 
(1) The provision laid down in Article 19 (3) shall apply to 
1) plant novelties registered on 1 January, 1988, or later, and 
2) registered plant novelties for which the holder of the variety after the coming 
into force of the Act exploits the right to an extended period of protection as set 
out in Article 12. 
Article 29 
This Act shall not apply to the Faroe Islands and Greenland. 
Act No. 1107 of 21 December, 1994), on amendment of the Act on Plant Novelties came 
into force on 1 January, 1995. 
Act No. 1086 of 20 December, 1995), on amendment of the Act on Plant Novelties 
contains the following provisions on coming into force etc.: 
Article 2 
(1) The Act shall come into force on 1 January, 1996. IP/NI1 IDNKlPI6 
Page 32 
(2) Article 1 (3) as drawn up in Article 1, no. 2, of this Act shall apply only to varieties 
for which an application for protection was filed not later than 31 December, 1995. 
(3) Article 16 (4), no. 2, as drawn up in Article 1, no. 11 of this Act, shall apply only to 
varieties that prior to 1 January, 1996, have not been transferred to an official body for a 
legal purpose or, with the consent of the holder of the variety and with a view to 
co-mmercial utilisation of the variety, have been offered for sale, sold, or otherwise 
transferred. 
The Ministry of Agriculture and Fisheries, 5 February 1996 
HENRIK DAM KRISTENSEN 
/Torben Milthers