WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN11IDEU/P/2 
5 May 1997 
(97-1920) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Germany 
The present document reproduces the Plant Variety Protection Act!, as notified by Germany 
under Article 63.2 of the Agreement (see document IP/N/lIDEU/lIRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le present document contient le texte de la Loi sur la protection des varietes vegetales!, notifiee 
par l'Allemagne au titre de l'article 63:2 de l'Accord (voir le document IP/N/lIDEU/lIRev.1). 
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 
Alemania 
En el presente documento se reproduce la Ley de Protecci6n de las Variedades Vegetales! 
notificada por Alemania en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IP/N/lIDEU/lIRev.1). 
!English only/anglais seulement/ingles solamente. IP/N/1/DEU/P/2 
Page 2 
GERMANY 
The Plant Variety Protection Act" 
Consolidated Text of the Plant Variety Protection Act 
of December 11,1985, 
as Amended by the Act to Reinforce the Protection of Intellectual Property 
and to Combat the Piracy of Products of March 7, 1990:-
and by the First Amendment Act of March 27, 1992'" 
CHAPTER ONE 
CONDITIONS AND CONTENT OF PLANT VARIETY PROTECTION 
Article! 
Conditions for Plant Variety Protection 
Protection shall be granted for a plant variety (hereinafter referred to as a "variety"), 
provided such variety is 
1. distinct, 
2. homogeneous, 
3. stable, 
4. new and 
5. designated by means of a registrable variety denomination. 
Article ~ 
Definitions 
For the purposes ofthis Act: 
1. "Species" shall mean species of plants, and also groupings and subdivisions of species of 
plants, 
2. "Propagating material" shall mean plants and parts of plants, including seeds, intended for 
the production of plants or for any other growing, 
3. "Marketing" shall mean offering, keeping available for sale, placing on sale or any kind of 
disposing of to other parties, IP/N/lIDEU/PI2 
Page 3 
4. "Filing date" shall mean the day on which the application for plant variety protection is 
received by the Federal Office of Plant Varieties, 
5. "Contracting State" shall mean a Contracting State of the Agreement on the European 
Economic Area, 
6. "Union State" shall mean a State that belongs to the International Union for the Protection 
of New Varieties of Plants set up in accordance with the International Convention for the 
Protection of New Varieties of Plants of December 2, 1961 (BGBI. 1968 11 p. 428). 
Article J. 
Distinctness 
(1) A variety shall be distinct when its plants are clearly distinguishable by the expression of at 
least one important characteristic from the plants of all other varieties that are a matter of common 
knowledge on the filing date. The Federal Office of Plant Varieties shall communicate on request 
for every species those characteristics it deems important for the distinctness of varieties of that 
species; the characteristics must be capable of precise recognition and description. 
(2) A variety is a matter of common knowledge, in particular, when it has already been entered 
in an official list of varieties, precisely described in a publication, notoriously cultivated or 
notoriously included in a reference collection or when propagating material or harvested material 
of the variety has already been marketed for commercial purposes. Where the grant of variety 
protection has been applied for in respect of that variety, it shall be deemed to be a matter of 
common knowledge as from the filing date, subject to acceptance of the application; the same shall 
apply where approval has been applied for in respect of the variety under the Seed Trade Act. 
Article .1 
Homogeneity 
A variety shall be homogeneous when its plants, apart from a small number of deviations, and 
taking into account the particularities of their sexual reproduction or vegetative propagation, are 
sufficiently identical in the expression of those characteristics that are important for distinctness. 
Article ~ 
Stability 
A variety shall be stable when the characteristics of its plants that are important for 
distinctness correspond after each propagation, or, in the case of a propagation cycle, after each 
such cycle, to the expressions determined for the variety. IP/N/lIDEU/P/2 
Page 4 
Article §. 
Novelty 
A variety shall be new when propagating material or harvested material of the variety has not 
been marketed for commercial purposes with the consent of the entitled person or of his 
predecessor in title prior to the filing date, or has only been marketed for commercial purposes 
within the following periods oftime: 
I. inside the country one year, 
2. outside the country four years, or, for grapevine (Vitis L.) and tree species, six years. 
Article 1 
Variety Denomination 
(1) A variety denomination shall be registrable ifno grounds for exclusion under paragraphs (2) 
or (3) exist. 
(2) Grounds for exclusion shall exist when the variety denomination 
1. is not suitable to identify the variety, particularly for linguistic reasons, 
2. possesses no distinctive nature, 
3. consists exclusively of figures, 
4. is identical to or may be confused with a variety denomination under which a variety of the 
same or of a related species is entered in an official list of varieties in a Contracting State or 
a Union State, or was so entered, or where propagating material of such variety has been 
marketed, unless the variety is no longer entered and no longer cultivated and its 
denomination has acquired no special significance, 
5. may mislead, particularly when it is likely to cause erroneous conceptions as to the origin, 
the properties or the value of the variety, or as to the original breeder, discoverer or other 
entitled person, 
6. may cause offence. 
The Federal Office of Plant Varieties shall communicate those species it deems to be related within 
the meaning of item 4. 
(3) Where the variety has already been entered in an official list of varieties or entry in such list 
has been applied for 
1. in another Contracting State or Union State or 
2. in another State which, according to a declaration in legal acts of organs of the European 
Communities, to be notified by the Federal Office of Plant Varieties, evaluates varieties in IP/NI1 IDEUIPI2 
Page 5 
accordance with rules that correspond to the Guidelines for the Common Catalogues of 
Varieties, 
only the variety denomination so entered or declared shall be registrable. This shall not apply 
where grounds for exclusion under paragraph (2) are opposed thereto or the applicant reasonably 
establishes that an opposing third party right exists. 
Article ~ 
Entitlement to Variety Protection 
(I) The original breeder or discoverer of the variety or his successor in title shall be entitled to 
variety protection. If more than one person has bred or discovered the variety jointly, the 
entitlement shall belong to such persons jointly. If more than one person has bred or discovered 
the variety independently, the entitlement shall belong to the person who files the first application 
for variety protection. 
(2) The applicant shall be considered the entitled person in proceedings before the Federal Office 
of Plant Varieties unless it comes to the knowledge of the Federal Office of Plant Varieties that he 
is not entitled to variety protection. 
Article 2. 
Persons not Entitled to Apply 
(1) If a person not entitled to protection has filed an application, the entitled person may require 
that the applicant transfer to him the claim to the grant of variety protection. 
(2) Ifvariety protection has been granted to a person not entitled thereto, the entitled person 
may require that the owner of variety protection transfer variety protection to him. Such claim 
shall expire five years after notification of the entry in the Plant Variety Protection Register, except 
where the owner of variety protection was not acting in good faith in obtaining variety protection. 
Article 10 
Effect of Variety Protection 
Variety proteCtion shall have the effect that the owner of variety protection alone shall be 
entitled 
1. to market propagating material of the variety or produce it for such purpose, 
2. in the case of varieties of species usually used as woody plants or other fruit or ornamental 
plants, 
(a) to produce propagating material of the variety for purposes other than marketing, 
(b) to market or import therefor plants or parts of plants obtained from propagating material 
which has been produced without the consent of the ownet of variety protection, IP/N/IIDEU/P/2 
Page 6 
3. to use propagating material of the variety to produce propagating material of another variety 
where propagating material of the protected variety must be used repeatedly to produce the 
propagating material of the other variety, and 
4. to introduce propagating material of the variety originating within the country into an area 
outside the Contracting States in which German nationals or persons having their place of 
residence or place of business within the country are not granted corresponding protection 
for varieties of that species. 
The effect of variety protection does not extend to the acts mentioned in items 1 to 3 of the first 
sentence, which are done privately and for noncommercial purposes .. The use of propagating 
material of a protected variety for the breeding of a new variety shall not require the consent of the 
owner of variety protection. 
Article 11 
Legal Succession, Exploitation Rights 
(1) The right to variety protection, the claim to granting of variety protection and the variety 
protection itself shall be transferable. The obligation to have the Plant Variety Protection Register 
corrected shall be incumbent, in the event of doubt, on the person hitherto entitled. 
(2) Variety protection may be the subject of exclusive or nonexclusive exploitation rights. 
Article 12 
Compulsory Exploitation Rights 
(1) The Federal Office of Plant Varieties may on request, insofar as it appears justified in the 
public interest, taking into account the economic acceptability for the owner of variety protection., 
grant a compulsory exploitation right in respect of variety protection as regards the rights under 
Article 10, first sentence, items 1 to 3, under reasonable conditions where the owner of variety 
protection has granted no exploitation rights or insufficient exploitation rights. When granting the 
compulsory exploitation right, the Federal Office of Plant Varieties shall determine the conditions 
thereof, particularly the amount of the remuneration to be paid to the owner of variety protection. 
(2) On expiry of one year after the grant of the compulsory exploitation right, any of the parties 
may request renewed determination of the conditions. The request may be repeated each time on 
expiry of one year; the sole grounds for such request may be that the circumstances that were 
decisive for the determination have in the meantime undergone considerable change. 
(3) Before taking its decision on the grant of a compulsory exploitation right or on a new 
determination, the Federal Office of Plant Varieties shall hear the professional associations 
concerned. 
(4) If a compulsory exploitation right has been granted for a variety belonging to a species 
subject to the Seed Trade Act, the owner of variety protection may require information from the 
responsible authorities IP/N/1/DEU/P/2 
Page 7 
1. on the identity of the person who has applied for seed recognition in respect of propagating 
material of the protected variety, 
2. on the size of the propagating surfaces stated in the request for recognition, 
3. on the weight or quantity that has been stated in respect of the lots. 
Article 13 
Duration of Variety Protection 
Variety protection shall extend to the end of the twenty-fifth calendar year or, in the case of 
grapevine, hop, potato and tree species, the end of the thirtieth calendar year following the year of 
grant. 
Article 14 
Use of the Variety Denomination 
(1) Propagating material of a protected variety may only be marketed--except privately and for 
noncommercial purposes--ifthe variety denomination is stated in relation thereto; where it is 
stated in writing, it shall be readily distinguishable and clearly legible. This shall also apply after 
expiry of variety protection. 
(2) Rights in a designation that is identical with the variety denomination may not be used to 
prohibit the use of the variety denomination for the variety. Prior rights of third parties shall not be 
affected. 
(3) The variety denomination of a protected variety or of a variety for which breeders' rights 
have been granted in another Union State or a designation which may be confused with it may not 
be used for another variety of the same or of a related species. 
Article 15 
Scope of Application in Respect of Persons 
(1) The rights afforded by this Act may only be acquired by 
1. German nationals within the meaning of Article 116(1) of the Basic Law as well as natural 
and legal persons and unincorporated trading companies having their place of residence or 
registered offices within the country, 
2. nationals of another Contracting State as well as natural and legal persons and 
unincorporated trading companies having their place of residence or registered offices in 
another Contracting State, 
3. nationals of another Union State as well as natural and legal persons and unincorporated 
trading companies having their place of residence or registered offices in another Union 
State, and IP/N/lIDEU/PI2 
Page 8 
4. other natural and legal persons and unincorporated trading companies where the State to 
which they belong or in which they have their place of residence or registered offices affords 
corresponding protection to German nationals or persons having their place of residence or 
registered offices within the country according to a notification of the Federal Minister of 
Food, Agriculture and Forestry in the Bundesgesetzblatt. 
(2) Any person who has neither his place of residence nor an establishment in a Contracting 
State may only participate in procedures governed by this Act or claim rights under this Act if he 
appoints a representative (procedural representative) having his place of residence or business 
premises within a Contracting State. The latter shall be entitled to act as representative in 
procedures before the Federal Office of Plant Varieties and in legal disputes concerning variety 
protection; he may also institute criminal proceedings. 
CHAPTER TWO 
THE FEDERAL OFFICE OF PLANT VARIETIES 
Article 16 
Nature and Tasks 
(1) The Federal Office of Plant Varieties shall be an autonomous senior federal authority within 
the purview of the Federal Minister of Food, Agriculture and Forestry. 
(2) The Federal Office of Plant Varieties shall be responsible for the granting of variety 
protection and for related affairs. It shall keep the Plant Variety Protection Register and shall 
verify the continuing existence of the protected varieties. 
Article 17 
Members 
(1) The Federal Office of Plant Varieties shall consist of a President and other members. They 
must have special competence in the field of plant varieties (technical members) or be qualified for 
judicial office under the German Act Relating to Judges (legal members). They shall be appointed 
by the Federal Minister of Food, Agriculture and Forestry for the duration of their activity with the 
Federal Office of Plant Varieties. 
(2) As a rule, only such person shall be appointed as a technical member who has successfully 
undergone a State or academic examination following a scientific course in a subject relevant to his 
activity at the Federal Office of Plant Varieties at a university within the country or a final 
examination following equivalent studies abroad and has also worked for at least three years in the 
corresponding technical area and who possesses the necessary legal knowledge. 
(3) Where there exists a need that is expected to be limited in time, the President may appoint 
persons as assistant members to carry out the duties of members of the Federal Office of Plant 
Varieties. Such appointments may be for a specified period or for as long as needed and may not IP/N/lIDEUlP12 
Page 17 
(4) In the case offees for the examination of a variety and for a negative decision on an 
application for variety protection, no reduction under Article 15(2) of the Administrative Cost Act 
shall be granted. 
(5) In the case of a successful appeal, the appeals fee shall be refunded. In the case of a 
successful appeal to the Patent Court or a successful legal appeal, the appeals fee shall be refunded 
on request. In the case of a partial success, the corresponding part of the appeals fee shall be 
refunded. However, the refund can be fully or partly refused if the decision is based on facts that 
could have been asserted or proved at an earlier date. Sentences 1 to 4 shall apply mutatis 
mutandis for expenditure in appeals procedures. There shall be no claim to refund of costs under 
Article 80 of the Act on Administrative Procedure. 
CHAPTER FOUR 
COURT PROCEEDINGS 
Article 34 
Appeals 
(1) Appeals shall lie to the Patent Court from the decisions of the opposition boards. 
(2) Within the time limit prescribed for filing appeals, a fee shall be payable in accordance with 
the Act on the Fees of the Patent Office and the Patent Court; if the fee is not paid, the appeal 
shall be deemed not to have been lodged. 
(3) An appeal against the laying-down of a variety denomination under Article 30(3) or against a 
decision for which immediate enforcement has been ordered shall have no staying effect. 
(4) The President of the Federal Office of Plant Varieties may be a party in appeal proceedings. 
(5) A Chamber of Appeal shall rule on appeals. In the cases referred to in Article 18(2), items 3 
and 4, it shall take its decisions with three legal members and in other cases with one legal member 
as chairman, a further legal member and two technical members. 
Article 35 
Appeals on Points of Law 
(1) Appeals on points oflaw from decisions of the Chamber of Appeal shall lie to the Federal 
Court if the Chamber of Appeal so allows in its decision. 
(2) Article 34(3) shall apply mutatis mutandis. IP/N/lIDEU/P/2 
Page 18 
Article 36 
Application of the Patent Act 
Unless otherwise stipulated by Articles 34 and 35, the provisions of the Patent Act 
concerning appeals proceedings before the Patent Court and proceedings for appeals on points of 
law before the Federal Court and concerning assistance with the costs ofp~oceedings shall apply 
mutatis mutandis to such proceedings. 
CHAPTER FIVE 
INFRINGEMENTS 
Article 37 
Right to Seek Injunctions, Damages and Compensation 
(I) Whosoever without the consent of the owner of variety protection 
1. commits any of the acts referred to in Article 10, first sentence, or 
2. uses the variety denomination of a protected variety or a designation that may be confused 
with it for a different variety of the same or a related species 
may be sued by the injured party to enjoin such infringement. 
(2) Whosoever acts intentionally or negligently shall be liable for compensation to the injured 
party for the damage resulting from the act in question. In the event of slight negligence, the court 
may fix, in lieu of compensation, an indemnity within the limits of the damage to the injured party 
and the profit which has accrued to the infringer. 
(3) The owner of variety protection may require equitable remuneration from any person who 
has performed one of the acts referred to in Article 10, first sentence, in the time between 
publication of the application and grant of variety protection. 
(4) Claims deriving from other statutory provisions shall remain unaffected. 
Article 37a 
Right to Seek Destruction 
(1) In the cases referred to in Article 37(1), the injured party may request that material which is 
the subject ofthe infringing act and which is in the possession or ownership of the infringer be 
destroyed, unless the situation resulting from the infringement can be removed in some other 
manner and destruction would be out of proportion for the infringer or owner in the individual 
case. IP/N/1/DEU/PI2 
Page 19 
(2) The provisions of paragraph (1) shall be applied, mutatis mutandis, to any equipment 
belonging to the infringer and which has been used or is intended exclusively or almost exclusively 
for the unlawful production of the material. 
Article 37b 
Right to Seek Information with Regard to Third Parties 
(1) Whosoever without the consent of the owner of variety protection commits any of the acts 
referred to in Article 10 and which are reserved to the owner of variety protection or uses the 
variety denomination of a protected variety or a denomination that may be confused with such 
denomination for a different variety of the same or a related species, may be required by the injured 
party to give information, without delay, on the origin and distribution channels of the material that 
is the subject of such act, except where disproportionate in the individual case. 
(2) The person required to give information under paragraph (1) shall give particulars of the 
name and address of the producer, the supplier and any other prior owners of the material, of the 
trade customer or client as also in respect of the quantity of material that has been produced, 
delivered, received or ordered. 
(3) In those cases where infringement is obvious, the obligation to provide information may be 
imposed by an interim injunction in compliance with the Code of Civil Procedure. 
(4) Such information may only be used in criminal proceedings or in proceedings under the Act 
on Offenses against the person required to give information, or against a dependent person under 
Article 52(1) of the Code of Criminal Procedure, in respect of an act committed before the 
information was given, with the consent of the person required to give information. 
(5) Further claims to information shall remain unaffected. 
Article 37c 
Prescription 
Claims arising from infringement of a right protected by this Act shall become invalid by 
prescription three years after the time at which the entitled person gains knowledge of the 
infringement and of the identity of the infringer or 30 years after the infringement irrespective of 
such knowledge. Article 852(2) of the Civil Code shall apply mutatis mutandis. Where the 
infringer has made gains at the cost of the entitled person by reason of the infringement, he shall be 
obliged, even after the claim has expired by prescription, to surrender such gain in accordance with 
the provisions on the surrender of unjustified gain. 
Article 38 
Litigation with Respect to Plant Variety Protection 
(1) All actions whereby a claim is asserted under a legal relationship governed by this Act (plant 
variety protection litigation) shall be heard by the Landgerichte (provincial courts) irrespective of 
the value in dispute. IP/N/lIDEU/PI2 
Page 20 
(2) The provincial governments shall have power to allot by statutory order variety protection 
litigation for the areas of a number of provincial courts to one such court where this serves the 
technical furtherance or more expeditious settlement of the proceedings. The provincial 
governments may transfer such powers to the provincial administrations of justice. 
(3) If an appeal is lodged against a decision by the court for plant variety protection litigation, 
the parties may also be represented in the court of appeal by attorneys at law admitted to practice 
in the higher regional court before which the appeal would have been heard in the absence of an 
arrangement under paragraph (2). Any additional costs incurred by a party by reason of the fact 
that it is represented by an attorney at law not admitted to practice in the court hearing the case 
shall not be refunded. 
(4) Of the costs arising from the collaboration of a patent attorney, fees up to the amount of a 
full fee according to Article 11 of the Federal Regulations on Lawyers' Fees, together with the 
necessary expenses of the patent attorney, shall be allowed. 
(5) Ifa representative is briefed, the place in which he has his business premises or, ifhe has no 
business premises, his place of residence, shall be deemed to be the place at which property is 
located within the meaning of Article 23 of the Code of Civil Procedure. 
Article 39 
Penal Provisions 
(1) Whosoever without being entitled thereto performs any of the following acts shall be punished 
by imprisonment not exceeding three years or by a fine: 
1. in contravention of Article 10, first sentence, item I, markets propagating material or 
produces it for marketing, 
2. in contravention of Article 10, first sentence, item 2, produces propagating material or 
markets plants or parts of plants or imports them therefor,· 
3. in contravention of Article 10, first sentence, item 3, uses propagating material for the 
production of propagating material of another variety or 
4. in contravention of Article 10, first sentence, item 4, introduces propagating material into an 
area referred to therein. . 
(2) Where the person committing the acts does so on a commercial basis the penalty shall be 
imprisonment not exceeding five years or a fine. 
(3) The attempt to commit such an offense shall be punishable. 
(4) In the cases referred to in paragraph (1), such acts shall only be prosecuted on request, 
except where the criminal prosecuting authorities hold ex officio intervention to be required due to 
the special public interest in criminal prosecution. 
(5) Objects implicated in an offense may be confiscated. Article 74a of the Penal Code shall 
apply. Where the claims referred to in Article 37a are upheld in proceedings under the provisions IP/NI1 IDEUIP12 
Page 21 
of the Code of Criminal Procedure with regard to the compensation of the injured party 
(Articles 403 to 406c), the provisions on confiscation shall not be applied. 
(6) In the event of a conviction, the sentence shall be published if the injured party so requests 
and has a justified interest therein. The nature of the publication shall be laid down in the 
judgment. 
Article 40 
Fines 
(1) Whosoever intentionally or negligently 
1. in contravention of Article 14( 1) markets propagating material without thereby stating the 
variety denomination or without stating it in the prescribed manner or 
2. in contravention of Article 14(3) uses a variety denomination or a designation that may be 
confused with it for another variety of the same or of a related species, 
shall be deemed to have committed an offence. 
(2) Such offence may be liable to a fine not exceeding 10,000 Deutschmarks. 
(3) Objects implicated in offenses may be confiscated. Article 23 of the Act on Offenses shall be 
applied. 
(4) The Federal Office of Plant Varieties shall constitute the administrative authority within the 
meaning of Article 36(1), item 1, of the Act on Offences. 
Article 40a 
Measures by the Customs Authorities 
(1) Material that is the subject of the infringement of variety protection granted within the 
country shall be subject, at the petition of the owner of variety protection and against his security, 
to seizure by the customs authorities, on import or export, in those cases where the infringement is 
obvious. This provision shall apply in trade with other Contracting States only insofar as controls 
are carried out by the customs authorities. 
(2) Where the customs authorities order a seizure, they shall advise the person entitled to dispose 
and also the petitioner without delay. The origin, quantity and place of storage of the material, 
together with the name and address of the person entitled to dispose, shall be communicated to the 
petitioner; the secrecy of correspondence and mail (Article 10 of the Basic Law) shall be restricted 
to that extent. The petitioner shall be given the opportunity to inspect the material where such 
inspection does not constitute a breach of commercial or trade secrecy. 
(3) Where no opposition to seizure is made, at the latest, within two weeks of service of the 
notification under the first sentence of paragraph (2), the customs authorities shall order 
confiscation of the seized material. IP/N/lIDEU/P/2 
Page 22 
(4) If the person entitled to dispose opposes seiwre, the customs authorities shall inform the 
petitioner thereof without delay. The petitioner shall be required to declare to the customs 
authorities without delay whether he maintains his request under paragraph (1) in respect of the 
seized material. 
1. If the petitioner withdraws his request, the customs authorities shall lift the seizure without 
delay. 
2. If the petitioner maintains his request and submits an executable court decision ordering the 
impounding of the seized material or limitation of the right to dispose, the customs 
authorities shall take the necessary measures. 
Where neither of the cases referred to in items 1 and 2 are applicable, the customs authorities shall 
lift the seizure on the expiry of two weeks after service of the notification to the petitioner under 
the first sentence; where the petitioner can show that a court decision according to item 2 has been 
requested, but has not yet been received, the seiwre shall be maintained for a further two weeks at 
the most. 
(5) Where the seizure proves to have been unjustified from the beginning and if the petitioner has 
maintained his request under paragraph (1) in respect of the seized material or has not made a 
declaration without delay (second sentence of paragraph (4)), he shall be required to compensate 
the damages that seizure has occasioned to the person entitled to dispose. 
(6) The petition under paragraph (1) is to be submitted to the Regional Finance Office and shall 
be effective for two years unless a shorter period of validity has been requested; it may be repeated. 
The cost of official acts related to the petition shall be charged to the petitioner in accordance with 
Article 178 of the Fiscal Code. 
(7) Seizure and confiscation may be challenged by the legal remedies allowed for the fixed 
penalty procedure under the Act on Offenses in respect of seiwre and confiscation. The petitioner 
shall be heard in the review proceedings. An immediate appeal shall lie from the decision of the 
local court; it shall be heard by the Oberlandesgericht (higher provincial court). 
CHAPTER SIX 
FINAL PROVISIONS 
Article 41 
Transitional Provisions 
(1) The provisions of this Act shall apply in respect of varieties for which, on entry into force of 
this Act, variety protection 
1. still exists under the Seed Act as published in a consolidated version in the 
BUlldesgesetzblatt, Part Ill, Section No. 7822-1, and last amended by the Act of 
December 23,1966 (BGBI. I, page 686), in conjunction with Article 52(1) of the Plant 
Variety Protection Act of May 20, 1968 (BGBI. I, page 429), in the version notified on 
January 4, 1977 (BGBI. I, pages lOS, 286), or IP/N/lIDEU/P/2 
Page 23 
2. has been granted or applied for under the Plant Variety Protection Act of May 20, 1968, in 
the applicable version, 
with the provision that, in the case under item 1, a grant of variety protection can only be 
withdrawn under Article 31(2) ifit transpires that the requirements of Article 2(2) of the Seed Act 
were not fulfilled at the time variety protection was granted. 
(2) Where a patent has been granted or applied for in respect of a variety or a process for its 
breeding prior to the date on which this Act has become applicable to the species concerned, the 
applicant, or his successor in title, may maintain his application or may apply for grant of variety 
protection for the variety and the owner of the patent may maintain his patent or may apply for 
grant of variety protection for the variety. Ifhe applies for the grant of variety protection, he shall 
be entitled to claim the date of the patent application as priority for the application for variety 
protection; the third sentence of Article 23(2) shall apply mutatis mutandis. The duration of the 
variety protection granted shall be reduced by the number of full calendar years that have elapsed 
between the filing of the patent application and the date of the application for variety protection. 
Once the grant of variety protection has become final, rights deriving from the patent or the patent 
application may no longer be asserted in respect of the variety; pending patent grant procedures 
shall not be pursued. 
(3) Varieties for which the application for protection has been filed up to one year after the date 
on which this Act has become applicable to the species concerned shall be deemed to be new if 
propagating material or harvested material of the variety has not been marketed for commercial 
purposes with the consent of the entitled person or of his predecessor in title more than four years 
or, in the case of vine and tree species, more than six years prior to the said date. Where variety 
protection is granted under the first sentence, the duration of protection shall be reduced by the 
number of full calendar years that have elapsed between the beginning of marketing and the date of 
filing. 
Article 12 
Entry into Force 
This Act shall enter into force on the day following its promulgation. 
German title: Sortenschutzgesetz; Source: Bundesgesetzblatt I, page 2170 
.. German title: Gesetz zur Starkung des Schutzes des geistigen Eigentums und zur Bekampfung der 
Produktpiraterie vom7. Marz 1990; Source: BGBI. I, page 422 
••• Entry into force (Qflatest amendments): April 8, 1992