WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP INIlIFIN/P/3 
20 January 1997 
(97-0149) 
Original: English! 
anglaisl 
ingh~s 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Finland 
The present document reproduces! the Act on Plant Breeders' Rights, No. 789/92, that Finland 
has notified as a complement to the notification of this law as reflected in document IP/N/l/FIN/I 
and which was communicated to the Secretariat by the Permanent Mission of Finland on 
11 November 1996. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Finlande 
Le present document contient! le texte de la Loi n° 789/92 sur la protection des varietes vegetales 
que la Finlande a notifiee en complement de la notification de cette legislation, comme indique dans 
le document IP/N/l/FIN/I, et qui a ete communiquee au Secretariat par la Mission permanente de 
la Finlande le 11 novembre 1996. 
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 
Finlandia 
En el presente documento se reproduce! la Ley sobre los Derechos de los Productores de 
Obtenciones Vegetales, N° 789/92, que Finlandia ha notificado como complemento de su notificaci6n 
de esa Ley que figura en el documento IP/N/l/FIN/I, Y que fue comunicada a la Secretaria por la 
Misi6n Permanente de Finlandia el 11 de noviembre de 1996. 
lEnglish only/anglais seulement/ingles solamente. IP IN 11 IFIN IP 13 
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Plant Variety Protection -No. 71 
FIN L AND 
LAW ON BREEDERS' RIGHTS 
of August 21, 1992* 
CHAPTER I 
GENERAL PROVISIONS 
Sect ion 1 
Breeders' Rights 
The breeder of a plant variety or the person to whom his right has been 
transferred (owner of the variety) may, by application for registration, obtain 
the exclusive right afforded by this Law to exploit the variety. 
Section 2 
Scope of Application 
Breeders' rights may be granted in respect of a plant variety that belongs 
to a genus or species which, when cultivated in or imported to Finland, may 
have commercial significance here. 
Further provisions shall be issued by decree on the plant genera or 
species of those plant varieties in respect of which the breeders' rights may 
be granted. 
* CHAPTER 11 
CONDITIONS FOR PROTECTION 
Section 3 
Conditions in Respect of the Breeder 
Breeders' rights in a plant variety may be granted to 
Entry into Force: October 15, 1992 
Finnish Title: Laki Kasvinjalostajanoikeudesta 
Swedish Title: Lag om vaxtforadlarratt 
Engl ish translat ion suppl ied by the Finnish Ministry of Agriculture and 
Forestry IP IN I lIFIN IP 13 
Page 3 
Plant variety Protection -No. 71 
(1) the person who has bred the variety in Finland or the party to whom his 
right has been transferred or 
(2) a plant breeder who is a citizen of a member State of the Union estab­
lished for the international protection of new plant varieties, UPOV (Union), 
or his successor in title. 
Notwithstanding the provisions of paragraph (1), breeders' rights may also 
be granted in other cases if the Ministry of Agriculture and Forestry deems it 
justified in view of Finnish plant breeding or the import of the plant variety. 
Section 4 
Conditions in Respect of the Variety 
Breeders' rights may be granted only to a variety: 
(1) which is clearly distinguishable by one or more important characteristics 
from any other variety whose existence is a matter of common knowledge at the 
time an application is filed, 
(2) which is sufficiently homogenous and 
(3) the essent ial character ist ics of which are stable when the variety is 
reproduced in the manner proposed by the breeder. 
Section 5 
Novelty 
Breeders' rights may not be granted if the cultivation material of the 
variety has, with the consent of the breeder or his successor in title, been 
offered for sale or marketed 
(1) in this country before the application was filed; 
(2) abroad for longer than six years before the application was filed in the 
case of a vine, fruit tlee, forest tree, ornamental tree or the rootstock 
thereof; 
(3) abroad for longer than four years when the variety in question is a plant 
other than one referred to in item (2). 
CHAPTER III 
SCOPE OF PROTECTION 
Section 6 
Protected Varieties in General 
Under the exclusive right of the breeder, no person other than the owner 
of the variety ~ay, without tne authorization of the owner, use the variety for 
commercial purposes IP/NI1 IFIN/P/3 
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Plant Variety Protection -No. 71 
(1) by producing or importing the material of the variety for use as repro­
ductive or vegetative propagating material or 
(2) by offering the reproductive or vegetative propagating material for sale 
and marketing it for reproductive or vegetative propagating purposes. 
Section 7 
Ornamental Plants 
Breeders' rights shall also extend to the seedl ings of ornamental plants 
or the parts thereof normally marketed for purposes other than propagat ion 
when they are used commercially as propagating material in the production of 
ornamental plants or cut flowers. 
Sect ion 8 
Exploitation of lhe Variety in Plant Breeding 
The authorization of the owner of the variety shall not be required for 
the exploitation of a protected variety in the breeding of new varieties. 
The author i zat ion of the owner of the var iety shall be requ i red for the 
acts referred to in Section 6 
(1) if the acts concern a variety that has been essentially developed from a 
protected variety (a derived variety), unless the protected variety is itself 
a derived variety, 
(2) if the acts concern a variety that is not clearly distinguishable from the 
protected variety or 
(3) if the repeated use of propagating material of the protected variety is 
needed for the commercial production of another variety. 
CHAPTER IV 
APPLICATION FOR REGISTRATION AND ITS CONSIDERATION 
Sect ion 9 
Register Authority 
The register authority is the Plant Variety Board, which shall maintain 
the plant variety register. 
The Plant Variety Board shall be appointed by the Ministry of Agriculture 
and Forestry. The Board shall have a chairman, a deputy chairman and at most 
ten members. Each member shall have an alternate. The Board shall be 
appointed for a term of three years at a time. Further provisions on the Board 
shall be lai~ down by Decree. IP IN I lIPIN IP 13 
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Plant Variety Protection -No. 71 
Section 10 
Application 
Applications for breeders' rights shall be made in writing to the register 
authority. 
The application shall contain a description of how the variety in question 
differs from other varieties, and a variety denomination. The application 
shall state the name of the breeder. If a person other than the breeder of the 
variety applies for the breeders' rights, such applicant shall demonstrate his 
right to the variety. The applicant shall state that the variety has not, 
before the appl icat ion was filed, been offered for sale or marketed in the 
manner referred to in Section 5. 
The applicant shall pay the application fee. 
The date on .... hich the application documents have been furnished to the 
authority and the application fee has been paid shall be entered as the date 
of application. 
Section 11 
Variety Denomination 
The variety denomination must enable the variety to be identified. A 
denomination shall not be accepted for a variety: 
(1) if it consists solely of figures, except where this is an established 
practice for designating the varieties in question; 
(2) if it is liable lO mislead the public: 
(3) if it is against the la .... , public policy or morality; 
(4) if it is liable la cause confusion with the denomination of a variety that 
belongs to the same or to a closely related plant species that has been entered 
or proposed for entry in the official register of varieties or that is used 
for reproductive material of such a variety; 
(5) if it is liable to cause confusion with a trademark, name, company name 
or other identifying mark that a person other than the applicant has protected 
and that would be a bar lo the registration of the variety name as a trademark 
of .the reproductive material of the plant variety or of similar products; 
(6) if it is liable to cause confusion with the trademark of plant variety 
material or of similar products that the applicant has protected. 
Section 12 
Period of priority 
If the owner of the variety has previously applied for breeders' rights 
in a member State of the Union, the application, if it is filed within twelve 
months of the filing of the earlier application (the period of priority), shall 
be deemed to have been filed in Finland at the same time. IP IN 11 IFIN IP 13 
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Plant Variety Protection -No. 71 
Section 13 
Supplementing the Application 
If the applicant has not followed the provisions and instructions issued 
on the filing of the application or if there is another reason why the appli­
cation cannot be considered, the applicant shall be invited by an interim 
decision to make a statement or to supplement the application. 
If the applicant has not made a statement or supplemented the application 
to remedy the defect within the specified per iod, the application shall be 
rejected. This consequence shall be mentioned in the interim decision. 
A rejected application shall be reconsidered if, within one month of the 
end of the term specified in the interim decision, the applicant so requests 
or undertakes to supplement the application and, within the same period, pays 
the reapplication fee. 
Sect ion 14 
Rejection of the Application 
If the application cannot be approved even after the applicant has made a 
statement or supplemented the application, the application shall be rejected, 
unless there is cause to issue the applicant a new interim decision. 
Section 15 
Claim to a Better Right 
If a person claims to the register authority that he has a better right 
to the variety than the applicant and the matter is in doubt, the authority 
shall invite him in an interim decision to institute an action in court within 
the period determined by the authority. If the claim is not filed within that 
period, the claim shall be disregarded in the consideration of the application, 
and that fact shall be mentioned in the interim decision. 
If the issue of a better righL is under consideration by a court, the 
consideration of the application may be postponed until the issue has been 
decided on a final basis. 
Section 16 
Transfer of the Application 
If a person demonstrates to the register author ity that he has a bet ter 
right to the variety than the applicant, the register authority shall transfer 
the application to his name if he so requesLs. The person to whom the appli­
cation is transferred shall pay a new application fee. 
Until a decision is finally made on the request for transfer, the appli­
cation may not be withdrawn, rejected or approved. IP/NI1 IPIN/P/3 
Page 7 
Plant Variety Protection -No. 71 
Section 17 
Publication of the Application 
If the application meets the requirements, the register authority shall, 
through publication of the application, provide the public with an opportunity 
to file claims regarding the application. 
Claims regarding the application shall be filed in writing with the 
register authority within the period determined by it. 
Section 18 
Examination of the Variety 
The register authority shall arrange for an examination of the plant 
material of the variety. The examination may be made in part or may be omitted 
if another official examination has previously been made of the variety. 
The applica:1t shall supply the necessary plallt material and the necessary 
information to the entity ealfying out the examination. 
The applicant • .... !.0 l".a5 reljut-stej priority on the basis of an application 
filed in ar • .:ther C;J~:iL::y 5:,a11 ha',;.? f.:.ur years from the end of the period of 
priority t·:) su~pli' rLc ;.:ol.:..r.t r;".atE'rial ar.d tne r,ecessary data. 
Section 19 
Decision on the Application 
After the per:"j PfL;\"idi:.:! f·.)r tne filing of claims has ended and the 
necessary -2Xaii1~lali0!. vi U!t: vari.:-ty has been carried out, the application 
shall be suojectc?d t·" cv:.Lif.uej ,::ol.sideration and the register authority shall 
decide Of. t:-.e re'::li5tI.:1L: .. d. ut ti",~ variet]'. 
The dt.-plicarlt ::;:,011 be 9lVen tr,e 0PP0ttUllity to make a statement on the 
comments that ha'le l'""C::1 r.,aJe al.d tile e:,aminatiGn that has t,een carried out. 
Section 20 
Registralion of the Breeders' Rights 
After the deci::iuc. of the register authority referred to 
no longer subject to ordic.ary channels of appeal, the variety 
in the plant variety legister. The registration shall be 
applicant shall be given a c~rtificate of registration. in Sect ion 19 is 
shall be entered 
published. The 
A decision on tile rejectiun of an application shall be published after it 
is no longer subject tu urdinary channels of appeal. IP/N/I/FIN/P/3 
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Plant Variety Protection -No. 71 
CHAPTER V 
PERIOD OF PROTECTION OF THE BREEDERS' RIGHTS 
AND USE OF THE VARIETY DENOMINATION 
Section 21 
Period of Protection 
The breeders' rights shall be valid from the date on which the register 
authority has taken its decision on the approval of the variety for registra­
tion. The breeders' rights may be maintained through payment of an annual fee 
for twenty years from the beginning of the year following the taking of the 
decision. 
Section 22 
Use of the Variety Denomination 
When reproductive or vegetative propagating material of a registered plant 
variety is offered for sale, its registered denomination shall be used even 
after the period of protection has ended or the breeders' rights have otherwise 
ended. 
The registered variety denomination or a denomination that is easily con­
fused with it may not be used for a variety belonging to the same species or 
to a closely related species or for the reproductive or vegetative propagating 
material of such a variety as long as the variety denomination is registered. 
CHAPTER VI 
LICENSES, COMPULSORY LICENSES AND NOTATIONS IN THE REGISTER 
Sect ion 23 
Licence 
If the owner of the variety has granted permission to another person to 
use the registered variety on a professional basis (license), such other person 
may transfer his right to a third person only if agreed. 
If the license belongs to a company, it may be transferred in connection 
with the transfer of the company, unless otherwise agreed. 
Section 24 
Compulsory Licenses 
If the-reproductive or vegetative propagating material of a registered 
variety is not placed ori the market under reasonable conditions and to a IP/N/lIFIN/P/3 
Page 9 
Plant Variety Protection -No. 71 
sufficient extent in view of the food economy or other public interest, a 
person who wishes to exploit the variety in Finland on a professional basis may 
obtain a compulsory license to do so, unless the owner of the variety has an 
acceptable reason for his actions. The compulsory license shall also include 
the right to receive a sufficient quantity of reproductive or vegetative 
propagating material of the variety from the owner of the variety. 
A compulsory license may be granted only to a person who is deemed to have 
the prerequisites for exploiting, in an acceptable manner and under the condi­
tions determined in the compulsory license, the variety that is the subject of 
the breeders' rights. 
The compulsory license shall not prevent the owner of the variety from 
himself using his right or from granting a license to the variety. 
The compulsory license shall be granted by the court, which shall order 
to what extent the registered variety may be used and determine the remunera­
tion as well as the other conditions of the compulsory license. The court may, 
at the request of the owner of the variety, withdraw the compulsory license or 
determine new conditions if required by essentiel changes in the circumstances. 
Section 25 
Notations in the Register 
When the breeders' rights have been transferred to another or when a 
license has been grant02d to another, a notat ion thereof shall be made in the 
plant variety register if so requested. The same shall apply to a lien on the 
breeders' rights. However, the grant ing of a compulsory license shall always 
be noted in the register. 
If it is shown that the 1 icense, lien or compulsory license entered in 
the register is no longer in force, the notation shall be deleted from the 
register. 
A fee shall be paid for the entry of the notation in the register. 
The person who has most recently been entered in the register as the 
owner of the variety shall be considered the owner of the variety. 
CHAPTER VII 
TERMINATION OF THE BREEDERS' RIGHTS 
Section 26 
Renunciation of the Breeders' Rights 
The owner of the variety may renounce his right by notifying the register 
authority thereof in writing, in which case the authority shall delete the 
variety from the register. IP 1Nl lIFIN IP 13 
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Plant Variety Protection -No. 71 
The breeders' rights shall end if the annual fee is not paid wi thin the 
prescribed period. 
Section 27 
Nullity of the Rights Protected 
The court shall declare the breeders' rights null and void if the condi­
tions laid down in Sections 2, 3, 4(1) or 5 for the granting of the rights are 
not complied with. 
The court shall ask the register authority for a statement in cases that 
concern a declaration of nullity of the plant breeders' rights. 
In other cases pertaining to the right of the breeder, the court may ask 
the register authority for a statement if there is reason for this. 
Section 28 
Forfeiture of the Rights protected 
The register authority may declare the breeders' rights forfeit if 
(1) the owner of the variety is not in a position to produce reproductive or 
vegetative propagating material of the variety with its characteristics as 
defined when the protection was granted; or 
(2) the owner of the variety does not, after being requested to do so by the 
register authority, provide reproductive or vegetative propagating material of 
the variety, the documents and other information deemed necessary for checking 
that the variety is maintained appropriately or if the owner of the variety 
does not allow inspection of the measures which have been taken for the main­
tenance of the variety. 
CHAPTER VIII 
PROTECTION UNDER PRIVATE LAW 
Section 29 
Prevention of Infringements 
If anyone infringes the exclusive right under the breeders' rights, the 
court may prohibit him from continuing or renewing the act. 
Section 30 
Action for a Declaratory Judgment 
The owner of the variety or the person who, on the basis of a license or 
compulsory license, has the right to exploi t the plant var iety protected by IP IN 11 IFIN IP 13 
Page 11 
Plant Variety Protection -No. 71 
the breeders' rights may institute a declaratory action to establish whether, 
on the basis of the breeders' rights that have been granted to him, he enjoys 
protection against others, if there is uncertainty regarding this matter and 
this uncertainty is to his detriment. 
A person .... ho exploits or intends to exploit a plant variety that is 
subject to the protection granted on the basis of the breeders' rights may, 
under the same conditions, institute a declaratory action against the holder 
of the breeders' rights to determine .... hether the granting of the breeders' 
rights constitutes a bar to such activity. 
Section 31 
Damages 
A person who infringes the breeders' rights or the provisions of 
Section 22 on the exploitation of the variety denomination, deliberately or 
negligently, shall be required to pay damages for the exploitation of the 
variety and to compensate any other loss caused by the infringement. If the 
negligence is slight, the amount of the damages may be adjusted. 
If the infringement of the breeders' rights or the infringement of the 
provisions of Section 22 on the exploitation of the variety denomination is 
not deliberate or negligent, the infringer shall be required to pay damages 
only to the extent deemed reasonable. 
Compensation for infringement of the breeders' rights or for an infringe­
ment of the provisions of Section 22 on the exploitation of the variety 
denomination may be claimed only for the five years preceding the institution 
of the action for damages. 
If the breeders' rights have been declared null and void by a court 
decision that is no longer subject to ordinary channels of appeal, no claim 
for damages may be brought and no punishment may be pronounced. 
In addition to the provisions of this Section on compensation, the provi­
sions of the Damages Act (1974/412) shall apply as appropriate. 
Section 32 
Return of Reproductive or Vegetative Propagating Material 
On application by the person that has suffered an infringement of his 
rights, the court may order, as it deems reasonable, that the reproductive or 
vegetative propagating material of the variety that is the subject of the 
infringement of rights shall be transferred to the infringed person in return 
for compensation. 'I'his shall not apply to a person who has received the 
reproductive or vegetative propagating material in good faith or who has a 
special right thereto and has not himself infringed the breeders' rights. 
The reproductive or vegetative propagating material referred to in the 
first paragraph above may be confiscated if the person that has suffered an 
infringement of his rights has requested transfer of the reproductive or vege­
tative propagating material as provided in Chapter VII of the Execution Act. IP/N/lIFIN/P/3 
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Plant Variety Protection -No. 71 
Section 33 
Interi. Protection 
If, after the application referred to in Section 10 has been filed, a 
person other than the applicant uses on a professional basis the variety that 
is the subject of the application for breeders' rights, the provlslons on 
infringement of breeders' rights shall apply correspondingly if the rights are 
subsequently granted. 
The penalty referred to in Chapter IX of this Law may not be imposed for 
acts that took place after the application referred to in Section 10 was filed 
if, although they infringe the breeders' rights, they took place before the 
breeders' rights had been granted. Damages for an act that took place before 
publ icat ion of the appl icat ion refer red to in Section 17 may be ordered only 
in accordance with Section 31, second paragraph. 
If the action for damages is brought within a year of the granting of the 
breeders' rights, the provision in Section 31, third paragraph, shall not 
apply. 
CHAPTER IX 
PENAL PROVISIONS 
Section 34 
Infringement of Breeders' Rights 
A person who deliberately infringes the exclusive right referred to in 
Sections 6, 7 or 8 shall be sentenced for infringement of breeders' rights to 
a fine or imprisonment of at most six months. 
The public prosecutor may not bring charges for an offence unless the 
injured party has reported the offence for prosecution. 
Section 35 
Misuse of a Variety Denomination 
A person who del iberately or negligently infringes the provisions of 
Section 22 on the use of a variety denomination shall be sentenced, unless the 
offence is petty, for misuse of a variety denomination to a fine. IP IN I lIPIN IP 13 
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Plant Variety Protection -No. 71 
CHAPTER X 
MISCELLANEOUS PROVISIONS 
Section 36 
Use of an Agent 
If the applicant or the holder of the breeders' rights does not reside in 
Finland, he shall have an agent in Finland authorized to represent him in all 
matters pertaining to the breeders' rights and to applications for such rights. 
Section 37 
Appeal 
The final decision of the register authority on the breeders' rights shall 
be subject to appeal by the appl icant or the holder of the breeders' rights, 
if the decision goes against them. A person that had lodged a claim against 
the application may appeal a decision approving the application despite the 
proper lodging of the claim against such application. If the person that had 
entered an appeal wi thdraws his appeal, the appeal may nonetheless be con­
sidered if there are special reasons. 
The applicant may appeal a decision by which a request referred to in 
Section 16 for the transfer of an application has been approved. The person 
present ing the claim for transfer of an applicat ion may appeal a decision 
rejecting his request. 
The decision of the register authority shall be subject to appeal before 
the Supreme Administrative Court. Appeal shall be filed within 60 days of the 
date on which service of the decision was made. 
Section 38 
Forum 
The torum tor cases dealt wi th under this Law is the City Court of 
Hels ink 1. 
Section 39 
Fees 
The amount of the fees referred to in this Law shall correspond to the 
total costs for the State of providing the services (cost price). However, the 
amount of the registration fee and the annual fee may be determined so that the 
total amount collected from these is estimated to correspond to the total costs 
incurred by the State in maintaining the register. JP IN 11 IFJN IP 13 
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Plant Variety Protection -No. 71 
--------------
I:'ees of equal !;be !TIay lie r~quired for simi lar service:; by the Plant 
Variety Board even when the costs incurred by the Slale in providing the 
services differ. In determining the amount of such a fixed fee, the average 
total costs of the :iervice :ihall be taken into consideration. 
'fhe fees may Le set in general at an amount that i:i above or below the 
cost price or lhe tee calculated in accordance with lhe second sentence of the 
first paragraph or may be waived entirely, if this is due lo international 
agreements, reaSOll:i of trade pol i cy or pract ical reasor.s. 
In other respt:!ct:i, the provisions of the Stale Cost Assessment Act 
(150/92) shall apply to the fees. 
Section ,(0 
Supplementary Provisions 
Further pIovisio~s on the implementation of lhi:i Law 
Decree. The Plant Variety Board may issue turther 
registration of applications and their examination. 
Section 41 
~try into Force of lhe Act 
Thi s Law shall erller i nlo force on October ] ~, I 9 !:I 2 . 
second paragraph, i It:!m 1, shall not enter into force unt i 1 
by Decree. shall be issued by 
regulations on lhe 
However, Section 8, 
lhe date stipulated 
Measures neces:iary for the implemental ion of the Law may be taken before 
this Law enters into torce.