WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lICZE/P/l 
16 January 1997 
(97-0131) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
By means of a communication from the Permanent Mission of the Czech Republic, dated 
6 November 1996, the Czech Republic has notified English translations of the Act on New Plant and 
Animal Variety Protection, No. 132 of 15 November 1989, as a complement to its earlier notification 
under Article 63.2 of the TRIPS Agreement (distributed as document IP/N/lICZE/l). 
Conseil des aspects des droits de propriete 
inteUectuelle qui touchent au conunerce 
PRINCIPALES LOIS ET REGLEMENT A nONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
RepubUque tcheque 
Par une communication de la Mission permanente de la Republique tcheque, datee du 
6 novembie 1996, la Republique tcheque a notifie la traduction en anglais de la LOl n' 132 du 
15 novembre 1989 sur la protection des obtentions vegetales et des races animales amelion!es, en 
complement de sa precedente notification au titre de I'article 63:2 de l' Accord sur les ADPIC (distribuee 
sous la cote IP/N/lICZE/l). 
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 
Republica Checa 
Mediante comunicaci6n de la Misi6n Permanente de la Republica Checa de fecha 6 de noviembre 
de 1996, la Republica Checa ha notificado las traducciones al ingh~s de la Ley de Protecci6n de las 
Obtenciones Vegetates y las Nuevas Variedades Animales, N° 132, de 15 de noviembre de 1989, como 
complemento de su anterior notificaci6n efectuada en virtud del parrafo 2 del articulo 63 del Acuerdo 
sobre 10s AD PlC (distribuida en el documento IP/N/CZE/l). IP/N/1/CZE/P/l 
Page 2 
LAW ON THE LEGAL PROTECTION OF NEW VARIETIES OF PLANTS 
AND BREEDS OF ANIMALS 
No. 132 of November 15, 1989 
The Federal Assembly of the Czechoslovak Socialist Republic has passed 
the following Law: 
PART ONE 
GENERAL PROVISIONS 
Article 1 
Purpose and Scope of Application of the Law 
(1) The purpose of this Law is to regulate the rights and duties arlslng for 
physical and legal persons from the creation of new varieties of plants (here­
inafter referred to as "varieties") and breeds of animals (hereinafter referred 
to as "breeds") and from their commercial exploitation. 
(2) This Law applies to those varieties and breeds of economically important 
species of plants and animals which will be listed in a generally binding 
regula tion. 
Article 2 
Definitions 
For the purposes of this Law: 
(a) "Variety" shall mean a set of cultivated plants exhibiting characteris­
tic properties and traits which it maintains during propagation and normal 
cultivation; lines, hybrids, components of varieties and hybrids, and clones 
shall also be deemed to be varieties; 
(b) "Propagating material of varieties" shall mean seeds, planting mate­
rials, nursery products and plants and their parts to be used for further 
propagation; 
(c) "Breed" shall mean a population of animals having the same origin and 
exhibiting characteristic morphological and physiological properties, which is 
capable of reproducing itself; lines and hybrids of animals, and production 
stocks of poultry shall also be deemed to be breeds; 
(d) "Propagating material of breeds" shall mean embryos,_~perm, as well as 
living animals and ova to be used for further propagation; 
(e) "Originator" shall mean a physical person who created a variety or a 
breed through his/her own creative work; if several persons contributed 
through their creative work to the creation of a variety or a breed, those 
persons shall also be deemed to be an originator; IP/NIl/CZE/PI 1 
Page 3 
(f) "Creation of a variety or a breed in the framework of the activities 
of a Czechoslovak organizat'ion" shall mean the creation of a variety or a 
breed in the performance of tasks under an employment, membership or other 
relationship of a similar nature to such an ,organization or with the material 
assistance therefrom; 
(g) "Breeder" shall mean: 
1. a legal person who holds the right of ownership or an economic right 
in respect of a variety or a breed as the product of his breeding activi­
tYi 
2. an originator who created a variety or a breed outside the framework 
of his activity within a Czechoslovak organization; 
3. a legal or physical person who is not a Czechoslovak national and who 
holds the right in respect of a variety or a breed; 
(h) "Commercial exploitation of a variety or a breed" shall mean the pro­
duction for sale, offer for sale and sale of propagating material of a variety 
or of propagating material of a breed; 
(i) "Owner of the Breeder's Certificate" shall mean the person to whom the 
Breeder's Certificate has been granted, or his successor in title. 
PART TWO 
THE GRANTING OF THE BREEDER'S CERTIFICATE AND THE RIGHTS 
AND DUTIES OF BREEDERS AND ORIGINATORS 
Article 3 
(1) The breeder or his successor in title (hereinafter referred to as "appli­
cant") shall be granted, on the basis of his application, a Breeder's Certifi­
cate in respect of a variety or a breed which complies with the conditions 
laid down in Articles 4 to 6. 
(2) The Breeder's Certificate is to certify: 
(a) the creation of a variety or a breed; 
(b) the name of the variety or the breed with the indication of the species 
(genus) ; 
(c) originatorshipi 
(d) the right of the owner of the Breeder's Certificate to exploit the 
variety or the breed commercially; 
(e) the dates of commencement and termination of the protection of the 
rights in respect of the variety or the breed. IP/NIl/CZE/PI1 
Page 4 
Article" 
Conditions for the Granting of the Breeder's Certificate 
in Respect of a Variety 
(1) The conditions for the granting of the Breeder's Certificate in respect 
of a variety shall be deemed to be complied with if the variety is: 
(a) distinct by at least one major trait or property from any other variety 
that is commonly known at the date of filing of the application: 
(b) homogeneous to a level that is adequate to the biological properties 
of the material concerned; 
(c) stable in its major traits while respecting the peculiarities of its 
requirements during propagation; 
(d) new. 
(2) The condition of novelty shall be deemed to be complied with if the vari­
ety has not been sold or offered for sale: 
(a) in the territory of the Czechoslovak Socialist Republic for more than 
one year before the date of filing of the application (Article 16); 
(b) in the territory of any other state: 
1. for longer than six years before the date of filing of the application 
if it is a variety of fruit tree, of a forest or an ornamental woody 
species, or of grapevine; 
2. for longer than four years before the date of filing of the applica­
tion if it is a variety of any other species. 
(3) The fact that the variety has been sold or offered for sale without the 
approval of its breeder shall not be considered detrimental to its novelty. 
Article 5 
Conditions for the Granting of the Breeder's certificate 
in Respect of a Breed 
(1) The condi tions for the granting of the Breeder's Certificate in respect 
of a breed to which special provisions l apply shall be deemed to be complied 
with if the breed has been certified or released pursuant to the said special 
provisions less than one year before the filing of the application (Arti­
cle16). 
(2) The conditions for the granting of the Breeder's' Certificate in respect 
of a breed to which special provisions l do not apply shall be deemed to be 
complied with if the breed is: 
1 Law of the Czech National Council No. 86/1972 of Zbirka zakonu (Collection 
of Laws) on the Breeding of Farm Animals: Law of the Slovak National Council 
No. 110/1972 of ColI. on the Breeding of Farm Animals: Law No. 102/1963 of 
ColI. on Fishery; [The footnotes are ,rep'eated in the text below in accordance 
with the original text.) IP/N/1/CZE/PIl 
Page 5 
(a) distinct by at least one major trait or property from any other breed 
that is commonly known at the date of filing of the application; 
(b) homogeneous to a level that is adequate to the biological properties 
of the breed concerned; 
(c) stable in its major traits, while respecting the peculiarities ensuing 
from the environment in which the animals are bred; 
(d) new; 
(e) sufficiently large in number for reproduction. 
(3) The condition of novelty shall be deemed to be complied with if the breed 
has not been sold or offered for sale: 
(a) in the territory of the Czechoslovak socialist Republic for longer 
than one year before the date of filing of the application; 
(b) in the territory of any other State for longer than six years before 
the date of filing of the application. 
(4) The fact that the breed has been sold or offered for sale without the 
approval of its breeder shall not be considered detrimental to its novelty. 
Article 6 
Denomination of the Variety or the Breed 
(1) If a variety or a breed has been released in the Czechoslovak Socialist 
Republic pursuant to special provisions,2 it shall bear the name established 
in accordance with the said provisions. 
(2) The denomination of a variety or a breed shall not: 
(a) consist solely of figures; 
(b) be identical or liable to cause confusion with a denomination used in 
the Czechoslovak Socialist Republic or abroad for a variety or a breed of the 
same or a related genus, or otherwise infringe the rights of other breeders; 
(c) be liable to mislead concerning the value, characteristics or origin 
of the variety or the breed, or the identity of the breeder or originator; 
(d) be identical or liable to cause confusion with the trademark, indica­
tion of source or geographical designation used for the same or similar 
products, with a famous trade mark irrespective of the kind of product, or 
otherwise infringe upon the rights and protected interests of other persons; 
(e) be contrary to public interests; 
(f) be unsuitable for linguistic reasons. 
2 Law No. 61/1964 of ColI. on the Development of Crop Production; Law of 
the Czech National Council No. 86/1972 of Coll.; Law of the S10vak National 
Council No. 110/1972 of ColI. IP/NIl/CZE/PI 1 
Page 6 
(3) Foreign varieties or ·breeds shall retain their original denomination, or 
be given a translation thereof into the Czech or Slovak language, on the condi­
tion that this denomination complies with the provisions of Paragraph 2. 
Article 7 
Rights of the Originator 
(1) Originatorship shall arise from the creation of a variety or a breed and 
shall be non-transferable. 
(2) If an application is filed in respect of a Czechoslovak variety or breed, 
the originator shall be indicated in both the application and the Breeder's 
Certificate. 
(3) An originator who created a variety or a breed while being employed or 
otherwise engaged by a Czechoslovak organization shall have a right, in rela­
tion to the Czechoslovak owner of the Breeder's Certificate, to a share of the 
financial benefits derived from the commercial exploitation of the variety or 
the breed, including from the transfer of the Breeder's Certificate to a 
foreign person. If not otherwise agreed, the share shall always fall due on 
1 April for the preceding calendar year in which the financial benefit was 
achieved. 
(4) If more than one originator contributed through their creative work to the 
creation of a variety or a breed, they shall share their rights in proportion 
of their participation in the creation of the variety or the breed. If the 
shares of the originators cannot be determined, they shall be deemed to be 
equal. 
(5) The procedure for the determination of the financial benefits derived 
from the commercial exploitation of a variety or a breed, the determination of 
the originator's share in the financial benefits and the modalities for i.ts 
payment shall be laid down in a generally binding regulation. 
Rights and Duties Arising froM the Breeder's Certificate 
Article 8 
(1) The owner of the Breeder's Certificate shall have the exclusive right to 
exploit the variety or breed commercially; the variety or breed shall not be 
commercially exploited during the period of protection without his consent. 
(2) Czechoslovak organizations which are engaged in the State system of the 
care of the development of animal breeding on the basis of a licence issued 
pursuant to special provisions l shall not be required to obtain such consent 
if the owner of the Breeder's Certificate in respect of a breed is a Czecho­
slovak legal or phys~cal person. 
(3) The consent of the owner of the Breeder's Certificate shall not be re­
quired if the variety or the breed serves for the breeding of another variety 
or breed: this shall not apply to cases where such a variety or breed is used 
repeatedly as a component for the production of another variety or the forma­
tion of another breed for purposes of sale. 
(4) The right to commercially exploit a variety or a breed shall also include 
the right_ to authoriz~ such commercial exploitation to other persons. Such IP/NIl/CZE/PI 1 
Page 7 
authorization (licence) shall be gr,anted by means of a written contract which 
shall include the conditions of use and the agreement on the licence fees. 
Article 9 
(1) If a variety or a breed has been created by several originators in the 
framework of their activity for several Czechoslovak organizations, those 
organizations shall, as co-owners of the Breeder's Certificate, share the 
rights and duties in respect of the variety or the breed at the same ratio as 
the originators share their rights. 
(2) The rights and duties of the co-owners of the Breeder's Certificate 
shall, in relation to third persons, be joint and several. As for their 
mutual claims, they shall settle accounts according to their shares. 
Article 10 
Compulsory Licences 
(1) If the owner of a Breeder's Certificate refuses to authorize the commer­
cial exploitation of the variety or the breed, or refuses to do so to the 
extent necessary, the Federal Ministry of Agriculture and Food (hereinafter 
referred to as "the Ministry") may substitute for his authorization, in the 
public interest, a compulsory licence. 
(2) In the case where a compulsory licence is granted, the owner of the 
Breeder's Certificate shall be entitled to compensation through licence fees. 
If the owner of the Breeder's certificate fails to reach agreement in respect 
of the value of the,compensation with the organization to the benefit of which 
the compulsory licence has been granted, the decision shall be made, upon the 
proposal of either of them, by an authority referred to in Article 25, due 
account being taken of the costs of the breeding of the variety or the breed 
and of the financial benefits expected from its commercial exploitation. 
Article 11 
Transfer of the Breeder's Certificate 
(1) The owner of the Breeder's Certificate may transfer the Certificate to 
any other person by written contract. All the rights and duties ensuing from 
the Breeder's Certificate, except the rights of the originator, are thus 
passed on to the new owner. The owner of the Breeder I s Certificate shall be 
enti tIed to request the transferee to pay a financial compensation for the 
transfer. 
(2) A co-owner of the Breeder's Certificate may transfer his share to any 
other co-owner. The Breeder's Certificate may be tran~ferred to a third person 
only if none of the co-owners accepts a written offer of transfer within a 
period of one month. 
(3) The contract relating to the transfer of the Breeder's Certificate shall 
come into force on the day of its entry in the Register of Protected varieties IP/NIlICZE/PI 1 
Page 8 
or in the Register of Protected Breeds, both Registers being kept by the Minis­
try; the entry shall be ma~e upon payment of an administrative fee.3 
(4) Any change in the person of the owner of the Breeder's Certificate other 
than through transfer in accordance with paragraphs (1) .to (3) may only Occur 
in cases determined by Law. 
(5) Any change in the person of the owner of the Breeder's Certificate shall 
be entered in the Register of Protected Varieties or in the Register of Pro­
tected Breeds. 
Article 12 
Term of Validity of the Breeder's Certificate 
The Breeder's Certificate shall be in force from the day of the filing of 
the application: 
(a) for 25 years in the case of varieties of hop, grapevine, fruit, orna­
mental and forest woody species and rootstocKS thereof; 
(b) for 20 years in the case of varieties of other species; 
(c) throughout the duration of the breed in the case of breeds. 
Article 13 
Termination of Validity of the Breeder's Certificate 
(1) The Breeder's Certificate shall cease to be in force if: 
(a) its term of validity has elapsed; 
(b) the owner of the Breeder's Certificate has failed to pay in due course 
the administrative fee3; 
(c) the owner (all co-owners) of the Breeder's Certificate renounces the 
Breeder's Certificate by a written declaration; 
(d) the Breeder's Certificate is annulled (Article 23). 
(2) The termination of the validity of a Breeder's Certificate shall be 
entered in the Register of Protected Varieties or the Register of Protected 
Breeds and shall be published in the Bulletin of the Federal Ministry of 
Agriculture and .Food (hereinafter referred to as "Bulletin"). 
3 Decree of the Federal Ministry of Finance, the Ministry of Finance, Prices 
and Wages of the Czech Socialist Republic and the Ministry of Finance, Prices 
and Wages of the Slovak Socialist Republic No. 231/1988 of Call. on Adminis­
trative Fees. Article 14 
Protection of the Denomination IP/N/lICZE/P/l 
Page 9 
The denomination of a variety or a breed shall be used in the commercial 
exploitation of the variety or the breed and in further breeding. The denomi­
nation of the variety or the breed shall not be used for any other variety or 
breed of the same or a related genus, not even after the termination of the 
validity of the Breeder's Certificate. 
Article 15 
Relationships with Other Countries 
(1) Under the condition of reciprocity, any foreign physical and legal person 
shall have the same rights and duties as Czechoslovak nationals, provided 
that, if the rights of the owners of Breeder's Certificates are involved, this 
shall apply only where the State whose national such a person is or in which 
such a person has its seat, provides protection in respect of the species of 
plants or animals concerned. The Breeder's Certificate may be granted, despite 
the fact that this condition is not complied with, in cases deserving special 
consideration. 
(2) Provisions of international agreements binding on the Czechoslovak Social­
ist Republic shall remain unaffected. 
PART THREE 
PROCEDURE IN RELATION TO THE PROTECTION OF VARIETIES AND BREEDS 
Article 16 
Filing of the Application 
(1) The applicant (Article 3) shall be entitled to file an application for 
the protection of a variety or a breed. 
(2) The application shall be filed with the Ministry; the filing shall confer 
a right of priority on the applicant. 
(3) The right of priority, as it may be derived from an international agree­
ment, shall be claimed already in the application and shall be proved by due 
evidence within three months, failing which such a right of priority shall not 
be taken into consideration. The application shall contain the date' and the 
name of the State of the first filing abroad from which the applicant derives 
his right of priority. 
(4) The Ministry shall enter the applications, in the order in which they are 
received, in the Register of Applications in Respect of New Varieties or the 
Register of Applications in Respect of New Breeds. IP/N/1ICZE/PI 1 
Page 10 
Article 17 
Examination of the Application 
(1) If an application does not conform to the prescribed requirements, the 
Ministry shall request the applicant to remedy the insufficiencies within a 
prescribed period. In cases deserving special attention the Ministry may 
assist in remedying the insufficiencies. If the insufficiencies are not 
remedied within the prescribed period, the procedure shall be discontinued. 
The applicant shall be notified of this eventuality at the time when the 
period is prescribed. 
(2) If the applicant remedies the insufficiencies in due course, his right of 
priority shall .. remain unaffected. 
(3) The requirements for the application shall be laid down by a generally 
binding regulation. 
Article 18 
Publication of the Application 
(1) The Ministry shall publish information on the filing of applications in 
its Bulletin. Justified objections against a filed application may be raised, 
with the Ministry, within three months from its publication. They may be 
raised by any legal or physical person. The decision on the objections shall 
be made by the Ministry. If an expert opinion is required for the decision on 
the objections (Article 20), the decision shall be made by the Ministry within 
three months from the receip~ of the said expert opinion. 
(2) A change in the applicant may be made: 
(a) with the approval of the applicant; 
(b) without his approval, on the basis of a valid decision of an authority 
referred to in Article 25. 
(3) If, during the course of the processing of the application, an argument 
arises as to whether the application has been filed by an entitled person, the 
Ministry shall continue to process the application, but the decision on the 
Breeder's Certificate shall only be issued after the decision of an authority 
referred to in Article 25 has come into force. 
(4) Any change in the applicant shall be entered in the Register of Applica­
tion in Respect of New Varieties or Register of Applications in Respect of New 
Breeds. 
Article 19 
Applications for the Protection of 
Czechoslovak Varieties and Breeds in Other Countries 
(1) An application for the protection of a Czechoslovak variety or breed may 
only be filed in another country after the filing in the Czechoslovak Socialist 
Republic: the Ministry may grant a derogation from this obligation where im­
portant trade policy interests are involved. This provision shall apply unless 
otherwise provided .in ."n international agreement. binding on the Czechoslovak 
Socialist Republic. IP/NIl/CZE/PI 1 
Page 11 
(2) The person who files "an application in respect of a Czechoslovak variety 
or breed in another country' shall notify the Ministry of the filing. 
Article 20 
Determination of the Traits and Properties of Varieties 
and Breeds 
(1) Compliance with the conditions laid down in Articles 4 to 6 shall be 
examined by the Ministry on the basis of opinions of competent specialist 
authorities and organizations and, in the case of breeds to which special 
provisions apply,l on the basis of the decision of an appropriate authority. 
(2) The competent specialist authorities and organizations shall, if requested 
to do so by the Ministry, determine the traits and properties of the varieties 
and breeds within a period determined upon agreement between them and the Min­
istry. For this purpose the applicant shall provide free of charge biological 
material and documentation to the competent specialist authority or organiza­
tion. 
(3) When exam1n1ng varieties and breeds, the competent specialist authorities 
and organizations may also use the results of tests performed in other coun­
tries. 
(4) The competent specialist authorities and organizations shall be entitled, 
in relation to the applicant, to compensation for the operations associated 
with the examination of varieties and breeds, pursuant to the valid price 
regulations. 
Article 21 
The Granting of the Breeder's Certificate 
(1) The Ministry shall decide on the granting of Breeder's Certificate within 
three months from the receipt of the opinion of the competent specialist 
authority or organization, or from the receipt of the decision of the appro­
priate authority. 
(2) The decision on the granting of the Breeder's Certificate shall be entered 
in the Register of Protected varieties or the Register of Protected Breeds. A 
Czechoslovak originator who is not the applicant shall be given a copy of the 
Breeder's Certificate. 
(3) The Breeder's Certificate shall be published in the Bulletin; the 
Breeders' Certlficates in respect of varieties shall also be entered in the 
State Variety Book.4 
Article 22 
Verification Tests 
(1) While the Breeder's Certificate is in force, the owner of the Breeder's 
Certificate shall maintain the variety or the breed. If doubts arise as to 
whether the variety or the breed still complies with the conditions laid down 
4 Law No. 61/1964 of Coll. IP/NIl/CZE/PI 1 
Page 12 
in Article 4(1)(b) and (c)·or in Article 5(2)(b), (c) and (e), the owner of the 
Breeder's Certificate shall·have the obligation, when requested to do so by the 
Ministry, to provide free of charge the biological material and documentation 
for the verification of the compliance with the said conditions. 
(2) The verification shall be performed by authorities and organizations 
entrusted with the tests by special provisions. 5 In the case of breeds to 
which no special provisions l apply the verification shall be performed by 
authorities and organizations entrusted by the Ministry. 
(3) The authorities and organizations referred to in paragraph (2) shall be 
entitled, in relation to the owner of the Breeder's Certificate, to compensa­
tion for the operations associated with the performance of the verification 
tests, pursuant to the valid price regulations. This provision shall not 
apply to the verification tests of breeds to which special provisions l apply. 
Article 23 
Decision on Annulment of the Breeder's Certificate 
(1) The Ministry shall or may annul the Breeder's Certificate if: 
(a) it is subsequently proved that the conditions for its granting were 
not complied with; in such cases it shall be deemed that no such Certificate 
was ever granted; 
(b) the variety or the breed no longer exhibits the traits which it exhib­
ited when the Breeder's Certificate was granted; 
(c) the biological material and the documentation necessary for the 
verification tests have not been delivered properly and on time (Article 22); 
(d) the owner of the Breeder's Certificate fails to defray the charges for 
the verification tests within the prescribed period. 
(2) The annulment of the Breeder's Certificate shall be entered in the Regis­
ter of Protected Varieties or the Register of Protected Breeds and shall be 
published in the Bulletin. The annulment of Breeders' Certificates in respect 
of varieties shall also be entered in the State Variety Book.4 
PART FOUR 
JOINT, TRANSITIONAL AND FINAL PROVISIONS 
Article 24 
Administrative Procedure 
The procedure before the Ministry shall be governed by the General Admin­
istrative Rules,6 unless otherwise provided in this Law. 
5 Law No. 61/1964 of ColI.; Law of the Czech National Council No. 86/1972 
of CoIl.; Law of the Slovak National Council No. 110/1972 of CoIl.; Law 
No. 102/1963 of ColI. 
6 Law No. 71/1967 of Call. on Administrative Procedure (Administrative 
Order). Article 25 
Settlement of Disputes IP/N/lICZE/P/l 
Page 13 
Civil courts and boards of arbitration in economic affairs shall, each 
within their jurisdiction, be competent to decide disputes concerning legal 
relationships based on this Law. 
Article 26 
Protection of Rights 
In cases of infringement of a right protected under this Law, the owner 
of the Breeder's Certificate, or the originator if he is not the owner of the 
Breeder's Certificate, whose right has been infringed, may claim the infringe­
ment to be enjoined and the consequences of the infringement to be removed. 
If damage has been caused by the infringement, the person who suffered the 
damage shall be entitled to compensation. In cases of harm other than damage 
to property, the injured person shall be entitled to adequate satisfaction, 
which may also take the form of monetary compensation. 
Article 27 
Penal Sanctions to Organizations 
(1) Any organization which: 
(a) infringes this Law during the term of validity of the Breeder's Certi­
ficate by: 
1. commercially exploiting a variety or a breed without the approval of 
the owner of the Breeder's Certificate, or 
2. not using the registered name while commercially exploiting a variety 
or a breed, or using the registered name for another variety or breed of 
the same or a related genus; 
(b) files an application for protection in respect of a Czechoslovak 
variety or breed in another country without being entitled to do so (Arti­
cle 19(1»; or 
(c) fails to notify the Ministry of its application for the protection of 
a Czechoslovak variety or breed in another country (Article 19(2» 
shall be liable to a fine, imposed by the Ministry, not exceding 500,000 
Czechoslovak crowns. 
(2) In determining the fine, the Ministry shall consider mainly the serious­
ness, manner, duration and consequences of the infringement. 
(3) The fine may only be imposed wi thin one year from the day on which the 
Ministry learned of the infringement and within three years from the day on 
which the infringement was committed. The fine shall be paid within 30 days 
from the day on which the decision on its imposition came into force. 
(4) Monies drawn from the fines shall be paid into the State Budget of the 
Federation. IP/N/1/CZE/P/l 
Page 14 
Article 28 
Misdemeanor 
Any person who, without being entitled to do so, commercially exploits a 
variety or a breed for which a Breeder's Certificate has been issued or files 
an application for protection in respect of a Czechoslovak variety or breed in 
another country (Article 19(1» or fails to notify the Ministry of his applica­
tion for the protection of a Czechoslovak variety or breed in another country 
(Article 19(2» shall be deemed to have committed a misdemeanor for which he 
may be liable to a fine not exceding 5,000 Czechoslovak crowns. 
Article 29 
Enabling Provisions 
(1) The Ministry, upon agreement with the Ministry of Agriculture and Food of 
the Czech Socialist Republic, the Ministry of Agriculture and Food of the 
Slovak Socialist Republic, the Ministry of Forestry, Water Management and Wood­
working Industry of the Czech Socialist Republic, the Ministry of Forestry, 
Water Management and Woodworking Industry of the Slovak Socialist Republic and 
the Federal Ministry of Foreign Trade, shall issue a generally binding regula­
tion for the implementation of Article 1(2). 
(2) The Ministry, upon agreement with the Ministry of Agriculture and Food of 
the Czech Socialist Republic and the Ministry of Agriculture and Food of the 
Slovak Socialist Republic, shall issue a generally binding regulation for the 
implementation of Article 7(5) and Article 17(3). 
Article 30 
Transitional Provision 
(1) The varieties which, on the basis of special provisions, 4 have been 
entered as original varieties in the State Variety Book before the entry into 
force of this Law and have not been commercially exploited for longer than 10 
years before the entry into force of this Law, as well as the existing breeds 
which have been certified or released pursuant to special provisions,l may 
be the subject of applications for protection in accordance with this Law. 
The provisions of Article 7(3) shall not apply to those varieties. 
(2) The applications referred to in paragraph (1) shall be filed within 12 
months from the day on which this Law enters into force. 
(3) The owner of a Breeder's Certificate may commercially exploit the variety 
or the breed only if the variety or the breed for which the Breeder's Certifi­
cate has been issued has also been released pursuant to special provisions. 2 
In such cases the owner shall be regarded as if he were an entrusted organiza­
tion pursuant to the said special provisions. 
Article 31 
Article 2(1), second sentence, of Notice No. 62/1964 of ColI. of the 
Ministry of Agriculture, Forestry and Water Management and the Ministry of 
Justice, containing implementing regulations to the Law on the Development of 
Crop .Protection, is' hereby amended so as to substitute "are submitted" for the 
words "are submitted by entrusted organizations (Article 1(1»". Article 32 
Abolishing Provisions 
The following are hereby abolished: IP/N/lICZElP1l 
Page 15 
1. Article 4(2) and (4) of Law No. 61/1964 of CoIl. on the Development 
of Crop production; 
2 •. Article 1 and Article 2, third sentence, of Notice No. 62/1964 of 
ColI. of the Ministry of Agriculture, Forestry and Water Management and 
the Ministry of Justice, containing imp1eme!1ting regulations to the Law 
on the Development of Crop Production. 
Article 33 
Entry into Force 
This Law shall enter into force on January I, 1990. 
(Annex III follows]