Publication:
Latvijas Vēstnesis
, 74,
17.05.2002.; Latvijas Republikas
Saeimas un Ministru Kabineta
Ziņotājs, 12, 27.06.2002.
Issuer: 
Saeima
Type: 
law
Adoption: 
02.05.2002.
Entry into force: 
31.05.2002.
Text consolidated by Valsts valodas centrs (State 
Language Centre) with amending laws of:
17 November 2005 [shall 
come into force from 21 December 2005];
21 December 2006 [shall come into force from 1 January 
2007];
17 June 2010 [shall come into force from 1 July 
2010];
16 December 2010 [shall come into force from 31 December 
2010].
If a whole or part of a section has been amended, the 
date of the amending law appears in square brackets at 
the end
of the section. If a whole section, paragraph or 
clause has been deleted, the date of the deletion appears 
in square
brackets beside the deleted section, paragraph 
or clause.
The 
Saeima
1
 has adopted and the
President has proclaimed the following Law:
Plant Varieties Protection 
Law
Chapter I
General Provisions
Section 1.
 
Purpose of this Law
The purpose of this Law is to specify the procedures for 
granting the breeder's right and to ensure the protection of
breeder's rights.
Section 2.
 
Scope of Application of this Law
(1) The Law shall be applied to all varieties of plant genus 
and species (including hybrids).
(2) A variety is an aggregate of cultivated plants which is 
included in the last position within the limits of a
botanical 
taxon (botanical system) irrespective of whether the requirements 
for granting the breeder's right have been
fully complied with. 
It may be defined as a manifestation characterising a genetic 
type or a combination of genetic
types, as an aggregate that 
differs from any another aggregate of plants with at least one 
specific characteristic. A
variety shall be regarded as a unit 
that remains constant when propagated.
Section 3. Conditions for Granting 
the Breeder's Right
(1) Breeder's right shall be granted if a variety is:
1) new;
2) distinct;
3) uniform;
4) stable.
(2) In order to grant the breeder's right, a variety shall be 
assigned a denomination in accordance with the
provisions of 
Section 20 of this Law. A breeder or his or her authorised 
representative shall comply with the
procedures provided for in 
this Law. No other conditions shall be set for the granting of 
the breeder's right.
Section 4. Novelty of a Variety
A variety shall be deemed to be new if a breeder or his or her 
authorised representative, or someone else with his
or her 
permission has not sold, or in any other way transferred the 
seeds, planting stock, propagating material
(hereinafter - 
propagating material) or the harvest product of the variety to a 
third party for commercial use prior to the
day of registration 
of an application for granting the breeder's right (hereinafter - 
application):
1
/
141) in Latvia - earlier than one year before the registration 
of an application;
2) outside of Latvia - earlier than six years before the 
registration of an application in relation to vines and tree
varieties;
3) outside of Latvia - earlier than four years before the 
registration of an application in respect of other plants which
are not referred to in Clause 2 of this Section.
Section 5. Distinctness of a 
Variety
(1) A variety shall be deemed to be distinct if it clearly 
differs from any other variety that has become a matter of
common 
knowledge before the date of registration of the application.
(2) In particular, a variety shall be deemed to be a matter of 
common knowledge if an application for granting the
breeder's 
right or for inclusion of the variety in the official catalogue 
of varieties has been registered in any state and if
according to 
such application the breeder's right have been granted or the 
variety has been included in the official
catalogue of varieties. 
A variety shall be deemed to be a matter of common knowledge as 
of the date of registration of
an application.
Section 6. Uniformity of a 
Variety
A variety shall be deemed to be uniform if plants thereof, 
which have been propagated observing the particular
features of 
the variety propagation, are sufficiently uniform in respect of 
the characteristic features of the variety.
Section 7. Stability of a 
Variety
A variety shall be deemed to be stable if after the repeated 
propagation or at the end of each propagation cycle (if
a special 
propagation cycle is utilised) the characteristic features of the 
variety do not substantially change.
Section 8. Breeder
(1) In accordance with this Law the following persons are 
breeders:
1) a natural person who has derived or isolated the relevant 
variety;
2) an employer or a commissioning party who has entered into a 
contract with a person referred to in Clause 1 of
this Section 
regarding the derivement or isolation of the relevant 
variety;
3) a successor to the rights of persons referred to in Clauses 
1 and 2 of this Section.
(2) If a variety has been derived as a result of the joint 
activities of several breeders, they shall have joint breeder's
right which have been specified by a written agreement. If an 
agreement has not been entered into, each of them is
entitled to 
exercise breeder's right at his or her own discretion, with the 
exception of the granting of a licence, as well
as of 
transferring the breeder's right to another person. The joint 
owners of the breeder's right shall carry out such
activities 
only by mutual agreement or in accordance with a court 
adjudication.
Section 9. Owner of Breeder's 
Right
A person referred to in Section 8 of this Law who has acquired 
the breeder's right in accordance with the
procedures specified 
in this Law is an owner of breeder's right.
Section 10.
 
Authorised Representative
The State Plant Protection Service shall register an 
authorised representative based on the authorisation of a
breeder.
[17 November 2005;]
Section 11. Personal Rights of a 
Breeder
(1) A breeder (a natural person), irrespective of who is the 
owner of breeder's right, has personal rights, which shall
not be 
transferred to other persons and inherited. These are rights:
1) to be mentioned in materials and publications regarding the 
relevant variety, as well as the certificate regarding
the 
granting of a breeder's right;
2) to submit a proposal for the denomination of a variety;
3) to apply for an equitable remuneration for the utilisation 
of a variety in cases provided for in a contract entered
into 
with an employer.
2
/
14(2) The rights specified in Paragraph one of this Section in 
case of violation thereof may be protected in a court in
accordance with the same procedures by which copyright is 
protected.
[17 November 2005]
Section 12. Tasks of the State Plant 
Protection Service in the Field of Protection of Plant 
Varieties
(1) The State Plant Protection Service shall:
1) examine applications regarding granting of the breeder's 
right and take a decision on the granting, extension,
loss of 
effect and cancellation of the breeder's right;
2) approve the results of a variety examination conducted in 
Latvia;
3) recognise the results of a variety distinctness, uniformity 
and stability examination (hereinafter - variety
examination) 
conducted in the Member States of the International Union for the 
Protection of New Varieties of Plants
(UPOV) in accordance with 
the regulatory enactments regarding a variety distinctness, 
uniformity and stability
examination;
4) supervise and control a variety examination in Latvia;
5) register licence agreements for the transfer of the 
breeder's right;
6) administer and maintain the Latvian State Register of 
Protected Plant Varieties of the State Information System
for 
Supervision of Cultivated Plants;
7) in conformity with its competence co-operate with 
international organisations;
8) perform other functions provided for in this Law;
9) perform all activities in conformity with the legal acts of 
the European Union regarding plant variety protection.
[16 December 2010]
Section 13. The Latvian State 
Register of Protected Plant Varieties
(1) The Latvian State Register of Protected Plant Varieties 
(hereinafter - Register) shall include information on
applications and protected varieties.
(2) The following information regarding applications shall be 
included in the Register:
1) the registration number and date of the application;
2) the name and address of the breeder;
3) if it is an authorised representative - the name and 
address of the authorised representative, the date, number
and 
term of validity of the authorisation;
4) the proposed denomination of a variety or temporary 
designation;
5) the description of the variety technical form registration 
number and date or the official description of the variety
registration number and date that is prepared after the 
performance of a variety examination (hereinafter - description
of the variety);
6) the variety examination report registration number and 
date;
7) the date of publication of the registered application;
8) the date of publication of the applied for and registered 
variety denomination;
9) the priority date;
10) information regarding the course of the examination of the 
application.
(3) The following information regarding protected varieties 
shall be included in the Register:
1) the number by which the variety has been included in the 
Register;
2) the name and address of the owner of breeder's right, 
breeder, and authorised representative;
3) the denomination of the variety;
4) the description of the variety;
3
/
145) a reference to the components of the variety if they are 
utilised for the propagation of the variety;
6) the date of the granting of the breeder's right, the time 
period for which the breeder's right has been granted, loss
of 
effect of the breeder's rights and cancellation thereof;
7) the information regarding compulsory licences, registered 
licences and registered licence contracts issued;
8) information regarding the change of the name of the owner 
of a licence;
9) information regarding the payment of the State fee for 
protection of breeder's rights.
(4) The applicant and the owner of breeder's rights shall be 
liable for the provision of information to be included into
the 
Register, the veracity, amendment and alteration thereof.
[17 November 2005]
Chapter II
Application for Granting the Breeder's Right and Examination 
Thereof
Section 14. Application for Granting 
the Breeder's Right
(1) A breeder or his or her authorised representative 
(hereinafter - applicant) shall submit an application to the 
State
Plant Protection Service. The Cabinet shall determine the 
procedures for acceptance and examination and registration
of an 
application.
(2) The date on which the State fee was paid shall be 
indicated in an application. The following documents shall be
appended to the application:
1) a description of the variety;
2) an authorisation if the applicant is not the breeder;
3) the documents referred to in Section 15 of this Law if a 
convention priority has been requested.
(3) An application shall be registered if a description of the 
variety technical form has been submitted and the
following 
information has been provided in the application form and a copy 
of the payment document regarding the
examination of the 
application:
1) the name and address of the applicant;
2) the name and address of the breeder if the applicant is not 
the breeder;
3) the submitted denomination of the variety;
4) the State in which the application has been registered and 
the registration date if a convention priority is
requested;
5) the person referred to in Section 8, Paragraph two, Clause 
1 of this Law if the breeder is the person referred to in
Section 
8, Paragraph two, Clause 2 of this Law.
(4) An application form shall be completed in the Latvian 
language. If documents appended to the application are
completed 
in any foreign language, the State Plant Protection Service has 
the right to request their translation into the
Latvian 
language.
(5) If a variety has been derived utilising other varieties 
(components), the applicant has the right to request that
the 
information regarding the components of the variety be regarded 
as restricted access information.
(6) After the registration of an application the variety shall 
be deemed to be a matter of common knowledge and
temporary 
protection shall be applied thereto.
[17 November 2005; 17 June 
2010]
Section 15. Convention Priority
(1) An applicant who in accordance with specified procedures 
has submitted an application to another Member
State of the 
International Union for the Protection of New Varieties of Plants 
(UPOV) has the right within 12 months to
submit an application in 
Latvia in relation to the same variety utilising the priority of 
the first application. The specified
time period of 12 months 
shall be calculated from the day of registration of the first 
application.
4
/
14(2) In order to certify the priority, an applicant shall, 
within three months after the registration of the application 
with
the State Plant Protection Service, submit a copy of the 
registered application certifying the priority date.
(3) An applicant within three years after the priority date 
has the right to submit to the State Plant Protection
Service 
additional information, documents or materials necessary for the 
evaluation of the application and the
examination of the 
variety.
(4) The registration of another application regarding the 
variety referred to in the first application, the utilisation of
such variety or publication of information thereof shall not be a 
reason for rejection of the second application. The
referred to 
activities shall not be a basis for the arising of any rights for 
a third party to the variety.
[17 November 2005]
Section 16. Examination of 
Applications
(1) Within a month from the day of registration of an 
application, the State Plant Protection Service shall:
1) examine the right of the applicant to submit an application 
and the conformity of the variety to the provisions of
Section 4 
of this Law;
2) inform the applicant in writing regarding the necessity to 
supplement the registered application with the
documents referred 
to in Section 14, Paragraph two of this Law and to submit a 
translation into the Latvian language
of the documents appended, 
as well as regarding the procedures for the examination of the 
variety.
(2) If during the examination of an application the State 
Plant Protection Service determines that the variety does
not 
comply with the provisions of Paragraph one, Clause 1 of this 
Section, it shall reject the application informing the
applicant 
in writing thereof.
Section 17. Submission of 
Objections
(1) Interested persons have the right within three months 
after information regarding the application has been
published to 
submit objections to the State Plant Protection Service. 
Objections may relate to the novelty,
distinctness, uniformity, 
and stability of a variety or to the right to submit an 
application. Objections shall be submitted
in writing, adding the 
documentary justification thereto.
(2) An applicant shall, within two months after the receipt of 
objections, provide an explanation regarding the
objections. If 
an applicant does not provide an explanation, the State Plant 
Protection Service shall reject the
application.
(3) If the objections relate to the distinctness, uniformity 
and stability of a variety, the State Plant Protection
Centre has 
the right to request a repeat examination of the variety.
Section 18. Variety Examination and 
Issue of a Permit for a Variety Examination
(1) A variety examination shall be performed by the following 
authorities:
1) in Latvia - the authority to which the State Plant 
Protection Service has issued a permit for the performance of a
variety examination in accordance with the procedures specified 
in the regulatory enactments regarding examination
of 
distinctness, uniformity and stability of a variety;
2) outside Latvia - one of the following variety examination 
authorities:
a) the official authority of other European Union Member State 
which has entered into an agreement regarding
performance of a 
variety examination in accordance with Article 15 of Commission 
Regulation (EC) No 874/2009 of 17
September 2009 establishing 
implementing rules for the application of Council Regulation (EC) 
No 2100/94 as regards
proceedings before the Community Plant 
Variety Office,
b) the authority of the Member State of the International 
Union for the Protection of New Varieties of Plants
(UPOV), if 
the referred to state is the Member State of the 
European 
Free Trade Association
 
(
EFTA)
 and performs a
variety examination for the particular species.
(2) A permit for the performance of a variety examination 
shall be issued by the State Plant Protection Service in
accordance with the procedures specified in the regulatory 
enactments regarding examination of distinctness,
uniformity and 
stability of a variety. A permit shall be issued within two 
months from the day when a submission for
permission to perform a 
variety examination has been lodged.
(3) A variety examination shall be performed in accordance 
with:
1) variety examination protocols (available in electronic 
format on the website of the State Plant Protection
Service) of 
the Community Plant Variety Office (CPVO) specified in the 
regulatory enactments regarding examination
of distinctness, 
uniformity and stability of a variety;
5
/
142) the guidelines for a variety examination (available in 
electronic format on the website of the State Plant
Protection 
Service) of the International Union for the Protection of New 
Varieties of Plants (UPOV) specified in the
regulatory enactments 
regarding examination of distinctness, uniformity and stability 
of a variety, if variety
examination protocol of the Community 
Plant Variety Office (CPVO) has not been specified for the 
relevant genus,
species or variety group;
3) the regulatory enactments regarding the methodology for 
examination of distinctness, uniformity and stability of
a 
variety, if neither variety examination protocol of the Community 
Plant Variety Office (CPVO), nor guidelines for a
variety 
examination of the International Union for the Protection of New 
Varieties of Plants (UPOV) have been
specified for the relevant 
genus, species or variety group in the regulatory enactments 
regarding examination of
distinctness, uniformity and stability 
of a variety.
(4) If neither variety examination protocol of the Community 
Plant Variety Office (CPVO), nor guidelines for a
variety 
examination of the International Union for the Protection of New 
Varieties of Plants (UPOV) have been
developed for the relevant 
genus, species or variety group and a variety examination is not 
performed in Latvia, the
examination for such varieties shall be 
performed in any of the examination authorities referred to in 
Paragraph one,
Clause 2 of this Section, taking into account the 
requirements of the regulatory enactments of the relevant 
country.
(5) The Cabinet shall issue regulations for examination of 
distinctness, uniformity and stability of a variety in which
the 
following shall be determined:
1) the variety examination protocols of the Community Plant 
Variety Office (CPVO) and the guidelines for a variety
examination of the International Union for the Protection of New 
Varieties of Plants (UPOV) in compliance with which
a variety 
examination shall be performed;
2) the requirements for performers of a variety 
examination;
3) the procedures for the issue and cancellation of a permit 
for the performance of a variety examination;
4) the requirements for the collection of sample varieties 
necessary for a variety examination and approval
procedures;
5) the provisions and procedures for the supervision of a 
performer of a variety examination;
6) the provisions and procedures for a variety 
examination;
7) the procedures for organisation of a variety 
examination;
8) the provisions and procedures for the approval of the 
results of a variety examination;
9) the requirements for recognition of the results of a 
variety examination.
(6) The Cabinet shall issue regulations regarding the 
methodology for the variety examination of cultivated plant
species for which variety examination protocols of the Community 
Plant Variety Office (CPVO) or guidelines for a
variety 
examination of the International Union for the Protection of New 
Varieties of Plants (UPOV) have not been
developed.
[16 December 2010]
Section 19. Decision Regarding 
Granting of the Breeder's Right
(1) After completion of the examination of the variety (if 
such was required), the State Plant Protection Service
shall send 
a notification on the results of the examination to an applicant. 
Within two months an applicant has the right
to submit objections 
regarding the examination of the variety performed to the State 
Plant Protection Service.
(2) The breeder's right shall be granted:
1) if a fully completed application form has bee submitted and 
the documents referred to in Section 14, Paragraph
two of this 
Law have been appended;
2) in accordance with the provisions specified in Sections 3, 
4, 5, 6 and 7 of this Law.
(3) The breeder's right shall be granted by a decision of the 
State Plant Protection Service that comes into force on
the day 
of the taking thereof. The State Plant Protection Service shall 
inform an applicant in writing regarding the
referred to 
decision, issue a certificate regarding the granting of the 
breeder's right and include the variety in the
Register.
[17 November 2005]
Section 20. Denomination of a 
Variety and Procedures for Registration Thereof
6
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14(1) The denomination of a variety shall be applied for by 
submitting an application. If a variety is a matter of
common 
knowledge, it shall be applied for with a denomination previously 
used. If an application has been
concurrently submitted in 
several states, the applicant shall use the same denomination of 
the variety. The registered
denomination of the variety shall be 
used after the granting of the breeder's right and the expiry of 
the protection of the
variety.
(2) The denomination of a variety shall conform to the 
requirements of the International Union for the Protection of
New 
Varieties of Plants (UPOV) and of regulatory enactments of the 
European Union.
(3) The State Plant Protection Service shall examine the 
conformity of the denomination applied for to the
provisions of 
Paragraphs one and two of this Section. If an applied for 
denomination:
1) conforms, it shall be published. Interested persons have 
the right to submit objections to the State Plant
Protection 
Service regarding the applied for denomination of a variety 
within three months from the day of publication
thereof. The 
State Plant Protection Service shall inform the applicant 
regarding the objections received and if they are
justified, 
shall act in accordance with Clause 2 of this Paragraph. The 
State Plant Protection Service shall inform
regarding a decision, 
which is taken in relation to the objections, to the submitter of 
the objection and member states
of UPOV and the European 
Union;
2) does not conform, the applicant shall, within a month, 
submit a proposal regarding a new denomination of the
variety. If 
the applicant does not submit a proposal, the application shall 
be rejected and the applicant informed in
writing thereof.
(4) The denomination of a variety shall be registered 
concurrently with the granting of the breeder's right or by a
separate decision.
(5) The State Plant Protection Service shall recognise the 
denomination of a variety as unsuitable if:
1) the denomination has been registered without complying with 
the provisions of Paragraphs one and two of this
Section;
2) a written request of the owner of the breeder's right has 
been received;
3) a relevant decision of a higher institution or an 
adjudication of a court has been received.
(6) The denomination of a variety, which has been recognised 
as unsuitable, shall be cancelled and a new
denomination shall be 
registered.
[17 November 2005; 17 June 
2010]
Section 21. Publications
(1) The State Plant Protection Service shall publish the 
following information in the newspaper 
Latvijas
 
Vēstnesis
[the official Gazette of the Government of 
Latvia]:
1) registered, recalled and rejected applications;
2) denominations of varieties proposed and changes of 
denominations of protected varieties;
3) granting, loss of effect or cancellation of the breeder's 
right;
4) change of the breeder, owner of breeder's right or 
authorised representative;
5) other notices associated with this Law.
(2) The State Plant Protection Service shall publish the 
information referred to in Paragraph one of this Section
also in 
the periodical publication "Latvijas Augu Šķirņu Biļetens" 
[Latvian Plant Variety Bulletin], which shall be sent to
all 
member states of UPOV and the European Union.
[17 November 2005]
Section 22. State Fee
The State fee shall be paid according to the procedures and in 
the amount specified by the Cabinet:
1) by a submitter - for the granting of the breeder's right 
and extension thereof;
2) an owner of breeder's right or an authorised representative 
thereof - for the protection of breeder's right;
3) an owner of the licence - for the registration of the 
licence in the State Plant Protection Service;
4) a variety examination authority - for the issue of a permit 
for performance of a variety examination.
7
/
14[17 November 2005; 21 December 
2006; 17 June 2010; 16 December 2010]
Chapter III
Breeder's Right
Section 23. Scope of Application of 
the Breeder's Right
(1) No other person shall turn a variety into a source of 
income without a permit (licence contract) from an owner of
the 
breeder's right. In compliance with the provisions of Section 24 
of this Law a permit from the owner of the
breeder's rights shall 
be necessary for the performance of the following activities 
related to the propagating material of
a variety:
1) production and propagation;
2) preparation in conformity with sowing requirements in order 
to propagate the variety;
3) offer for sale;
4) sale or other type of marketing;
5) exportation and importation;
6) storage for the purposes referred to in Clauses 1, 2, 3, 4 
and 5.
(2) In compliance with the provisions of Section 24 of this 
Law, a permit from the owner of the breeder's right for
the 
activities referred to in Paragraph one, Clauses 1, 2, 3, 4, 5 
and 6 of this Section with the harvested product
(including 
entire plant and parts of the plant) obtained by unauthorised 
utilisation of the propagating material of a
protected variety is 
required unless he or she has had no opportunity to exercise his 
or her rights in relation to the
referred to propagating material 
of the variety.
(3) The provisions of Paragraphs one and two of this Section 
shall also apply to such a plant variety:
1) which is essentially derived from the protected variety if 
this protected variety is not itself essentially derived in
such 
manner;
2) which, in compliance with the provisions of Section 5 of 
this Law, insufficiently differs from the protected
variety;
3) in the production of which the protected variety must be 
repeatedly utilised.
(4) The variety referred to in Paragraph three, Clause 1 of 
this Section shall be deemed to be essentially derived
from 
another (initial) variety, if it:
1) is predominantly derived from the initial variety or from a 
variety that is itself predominantly derived from the
initial 
variety, while retaining the essential characteristics the origin 
of which has been determined by the genotype or
combination of 
genotypes of the initial variety;
2) is clearly distinguishable from the initial variety;
3) conforms to the essential characteristics of the initial 
variety the origin of which has been determined by the
genotype 
or combination of genotypes of the initial variety, except for 
the differences that have arisen during the
process of 
derivation.
(5) A variety may essentially be derived by selecting natural 
or induced mutants, somaclonal variants or
individuals that 
differ from the initial variety, as well as by utilising 
backcrossing or transformation by genetic
engineering or other 
methods.
Section 24. Restrictions of the 
Breeder's Right
(1) In order to ensure agricultural production, the producers 
of agricultural products have the right without the
permission of 
the owner of the breeder's right to utilise for propagation of 
harvested products, which are acquired in the
fields in his or 
her ownership or possession from a variety protected in Latvia 
that they have sown themselves (which
is not a hybrid or 
synthetic variety), if the following plant species are grown: 
yellow lupine (
Lupinus luteus
 L.), lucerne
(
Medicago 
sativa
 L.), peas (
Pisum sativum
 L.), field beans 
(
Vicia faba
 L.), common vetch (
Vicia sativa
 L.), 
oats
(
Avena sativa
 L.), barley (
Hordeum vulgare
 
L.), rye (
Secale cereale
 L.), triticale (x 
Triticosecale Wittm
.), soft wheat
(
Triticum 
aestivum
 L. 
emend. Fiori et Paol.
), potatoes 
(
Solanum tuberosum
 L.), turnip rape [
Brassica napus
 
L.
(
partim
)], flax (
Linum usitatissimum
 L.), except 
for fibre flax.
(2) The producers of agricultural products, who have small 
holdings, may utilise the plant species referred to in
8
/
14Paragraph 
one of this Section for the propagation of harvested products in 
their own holdings without paying a
reimbursement to the owners 
of breeder's rights.
(3) A small holding within the meaning of this Law is such a 
holding in which ownership or possession the total
area of the 
plant species referred to in Paragraph one of this Section 
(except for potatoes) does not exceed 20
hectares, but for 
potatoes - three hectares.
(4) If other producers of agricultural products without the 
permission of the owner of the breeder's right utilise for
propagation the plant species referred to in Paragraph one of 
this Section, they shall pay remuneration in the amount
of 50 per 
cent from the remuneration for a licensed propagating material of 
the same variety for the same area.
[17 November 2005]
Section 25. Exceptions of the 
Breeder's Right
Breeder's right shall not apply to operations:
1) which have been performed privately and for non-commercial 
purposes;
2) which have been carried out for experimental purposes;
3) the objective of which is to derive new varieties, except 
in cases where the provisions of Section 23, Paragraph
three of 
this Law are applied in respect of the operations with varieties 
referred to in Section 23, Paragraphs one and
two of this 
Law;
4) with the propagating material of the protected variety, the 
harvested product (including entire plant and parts of
the plant) 
and any material acquired from the harvested product or varieties 
referred to in Section 23, Paragraph three
of this Law if the 
breeder has sold or otherwise put into circulation (or if such 
has taken place with his or her consent)
such material or 
varieties, unless any of the following operations have been 
performed:
a) further propagation of the protected variety,
b) exportation of the propagating material of the protected 
variety, harvested product (including entire plant and
parts of 
the plant) and any material acquired from the harvested product, 
which would provide an opportunity to
propagate the variety in a 
state which does not protect varieties of the genera and species 
to which the referred to
variety belongs, except in cases where 
such material to be exported is intended for final 
consumption.
Section 26. Term of Validity of the 
Breeder's Right
(1) Breeder's rights shall be acquired on the day when a 
decision on the granting of the breeder's rights is taken
and 
shall be in effect until the end of the twenty-fifth calendar 
year, but for potatoes and with respect to the species of
vine 
and tree varieties, until the end of the thirtieth calendar year 
from the year of granting the right.
(2) After the receipt of a reasoned application from the owner 
of the breeder's right, the State Plant Protection
Service has 
the right to extend the term referred to in Paragraph one of this 
Section for another five years.
[17 November 2005]
Section 27. Transfer of the 
Breeder's Right
(1) An owner of the breeder's right is entitled to transfer 
the granted breeder's right:
1) fully - to a successor to the breeder's right;
2) in part - with an authorisation or a licence contract in 
accordance with the provisions of Section 28 of this Law.
(2) The breeder's right shall be transferred in writing and 
they shall be in effect from the day of registration in the
State 
Plant Protection Service.
Section 28. License Contract
(1) An owner of the breeder's right may transfer his or her 
right to utilise the protected variety as a source of
income to 
another person upon mutual agreement entering into a 
non-exclusive licence contract or an exclusive
licence contract, 
or by announcing the free right of use.
(2) A licence (also compulsory licence) contract and the 
change of the owner of the licence shall be registered in
the 
State Plant Protection Service by making an entry in the 
Register. The licence contract shall be registered by the
State 
Plant Protection Service if a copy of the document regarding the 
payment of the State fee has been submitted.
An unregistered 
licence contract shall not be valid. If the operation of a 
licence is terminated, the relevant entry shall
be made in the 
Register. Upon registration of the compulsory licence, the State 
fee shall not be paid.
9
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14[21 December 2006]
Section 29. Non-exclusive 
Licence
In issuing a non-exclusive licence, that is, in granting the 
right to utilise a variety to a owner of a licence (licensee),
an 
issuer of a license (licenser) shall retain the right to grant a 
licence for the same variety to third parties. The
licensee is 
not entitled to transfer his or her rights to another person 
unless such agreement is provided for in the
licence.
Section 30. Exclusive License
Upon receiving an exclusive licence, the licensee shall 
acquire exclusive rights to utilise a variety in accordance
with 
the provisions provided for in a licence contract. The licensor 
shall retain the right to utilise the variety to the
extent 
provided for in the agreement.
Section 31. Free Right of Use
(1) An owner of the breeder's right upon an agreement with the 
State Plant Protection Service has the right to
publish a notice 
that any person for an appropriate remuneration is entitled to 
utilise a variety from the day the owner
of the breeder's right 
has been informed in writing thereof and the licence contract has 
been registered in the State
Plant Protection Service.
(2) If the free right of use has been announced, the fee for 
the protection of a plant variety shall be reduced by 50
per cent 
starting with 1 January of the following year.
(3) Based on an application of an owner of the breeder's right 
and after receiving the consent of all owners of free
right of 
use, the State Plant Protection Service is entitled to cancel the 
operation of the free right of use.
Section 32. Compulsory Licence
(1) If the market is not provided with propagating material of 
a protected variety that is significant for the State
economy or 
the interests of the public, any person who wishes to produce and 
sell such a variety in Latvia, has the
right to bring an action 
in a court for the granting of a compulsory licence. The 
compulsory licence shall also include
the right to receive the 
propagating material from the owner of the breeder's right.
(2) The State Plant Protection Service shall issue a 
compulsory licence on the basis of a court adjudication and
make 
a relevant entry in the Register thereof. The court shall also 
determine the level of utilisation of the variety and
other 
licensing provisions. The remuneration for utilisation of a 
variety shall be the same as for a non-exclusive
licence for the 
relevant species. Depending on the circumstances of the case, the 
court may cancel the compulsory
licence or determine new 
licensing provisions.
Section 32.
1
 
Implementation of Breeder's Rights if a Biotechnological 
Invention is Protected by a Patent
(1) If a breeder wants to acquire breeder's rights to a plant 
variety or to utilise it using a protected biotechnological
invention, he or she shall obtain a licence for the utilisation 
of the biotechnological invention and pay remuneration for
this.
(2) A breeder may apply for a compulsory licence for the 
non-restricted utilisation of an invention protected by a
patent 
if:
1) the acquisition of an ordinary licence from the owner of 
the patent has not been successful;
2) he or she can prove that the protected variety constitutes 
significant technical progress of considerable
economic 
importance compared with the invention claimed in the patent.
(3) If the owner of the patent utilises a variety protected 
with a breeder's right, the owner of the breeder's right has
the 
right to apply for a cross-licence and remuneration.
[17 November 2005]
Section 33. Certification or 
Conformity Assessment of Propagating Material
The certification or conformity assessment of the propagating 
material of varieties for which the breeder's right has
been 
granted in Latvia or they are protected by European Union 
breeder's rights shall be carried out if the grower or the
processor of the propagating material is an owner of breeder's 
right or he or she has a licence contract registered with
the 
State Plant Protection Service.
[17 November 2005]
Section 34. Examination of Variety 
during Protection Period Thereof
10
/
14(1) In order to examine the uniformity and stability of a 
variety during its protection period, the State Plant
Protection 
Service has the right to request that the owner of breeder's 
right provides the propagating material,
documentation and other 
information that is necessary for the performance of an 
examination.
(2) [17 November 2005]
[17 November 2005]
Section 35. Provision of Information 
regarding the Use of a Protected Variety
(1) Upon the request of the owner of breeder's right or 
authorised representative thereof, agricultural production
producers or processors of seed shall provide him or her with the 
information regarding the production, propagation,
processing and 
sale of the propagating material of a protected variety.
(2) The State Plant Protection Service, upon the request of 
the owner of breeder's right or authorised
representative 
thereof, shall provide information regarding the quantity of 
propagating material of a protected variety
prepared for 
sale.
(3) The Rural Support Service, upon the request of the owner 
of breeder's right or authorised representative thereof,
shall 
provide information regarding the area of agricultural production 
of the species referred to in Section 24,
Paragraph one of this 
Law.
[17 June 2010]
Section 35.
1
 Co-operation 
of Agricultural Societies in the Field of Breeders' Right 
Protection
The owner of breeder's right or authorised representative 
thereof shall determine the remuneration for annual use of
a 
protected variety upon mutual agreement with the agricultural 
associations.
[17 June 2010]
Chapter IV
Loss of Effect and Cancellation of Breeder's Right
Section 36. Loss of Effect of 
Breeder's Right
(1) Breeder's right shall loose effect if at least one of the 
following circumstances arise:
1) the owner of breeder's right has not paid the State fee in 
accordance with Section 22 of this Law.
2) the owner of breeder's right does not provide the 
propagating material, documentation or other materials that are
necessary for the examination of maintenance of a variety;
3) provisions of Sections 6 or 7 of this Law are no longer 
complied with;
4) the owner of breeder's right himself or herself notifies in 
writing that he or she waives the breeder's right;
5) the State Plant Protection Service has recognised the 
denomination of a variety as unsuitable and the owner of
breeder's right within three months has not proposed a new 
denomination conforming to the provisions of Section 20 of
this 
Law.
(2) If there is a legal basis to construe that the breeder's 
right has lost effect, the State Plant Protection Service
prior 
to taking the decision shall notify the owner of breeder's right 
thereof by specifying the reason of such an action,
as well as by 
providing a time period for the rectification of the 
circumstances referred to in Paragraph one of this
Section.
Section 37. Cancellation of 
Breeder's Right
The breeder's right shall be cancelled in any of the following 
cases:
1) in taking a decision on the granting of the breeder's right 
the provisions of Sections 4 or 5 of this Law have not
been 
complied with;
2) the granting of the breeder's right has been mainly based 
on the information and documents provided by a
breeder, but in 
taking a decision on granting the breeder's right the provisions 
of Sections 6 or 7 of this Law have not
been complied with;
3) the breeder's right has been granted to a person who has no 
legal rights thereto.
11
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14Chapter V
Liability for Infringement of Breeder's Right
Section 37.
1
 Right to 
Submit an Application to the Court Regarding Infringement of 
Breeder's Right
An owner of breeder's right, a successor of rights or an 
authorised representative thereof (hereinafter - claimant)
may 
submit to the court an application regarding infringement of 
breeder's right. The owner of the licence is entitled to
submit 
the application regarding infringement of breeder's right with 
the consent of the owner of breeder's right. The
consent of the 
owner of breeder's right shall not be necessary if the right of 
the owner of the licence to submit
independently to the court the 
application regarding infringement of breeder's right has been 
determined in the contract
or the owner of breeder's right does 
not submit the application, even though the owner of the licence 
has invited him in
writing to do it. Any owner of the licence is 
entitled to intervene into the matter and to claim a compensation 
for the
losses incurred by him or her due to an illegal use of 
the variety referred to in the licence contract.
[21 December 2006]
Section 38. Procedures for 
Determination of the Amount of the Compensation for Losses and 
Moral Injury
(1) If infringement of breeder's right has happened due to the 
fault of a person, the claimant is entitled to request a
compensation for losses and moral injury caused.
(2) The amount of the compensation for losses and moral injury 
shall be determined in accordance with the Civil
Law. The 
unfairly obtained profit of such person may be taken into 
consideration when determining the amount of the
compensation for 
losses, who has used breeder's right illegally.
(3) If, in accordance with Paragraph two of this Section the 
amount of actual losses may not be determined, the
amount of the 
compensation for losses shall be determined in keeping with the 
sum which the claimant might receive
if a person who has used 
breeder's rights illegally had paid reimbursement for the use of 
propagating material.
[21 December 2006]
Section 39. Compensation for Losses 
Caused in Relation to the Temporary Protection of a Variety
If a third party utilises a propagating material of a variety, 
provisions of this Law in relation to the infringement of
the 
breeder's right shall be applied from the day of publication of 
the application. In such case, only such losses shall
be 
compensated as relate to the remuneration for the utilisation of 
a variety, unless the owner of the breeder's right
has warned the 
relevant persons of the registration of the application prior to 
its publication. The losses shall be
compensated from the day of 
receipt of the warning, but not earlier than from the day of 
registration of the application
in the State Plant Protection 
Service.
Section 40. Liability for 
Infringement of Breeder's Right
Persons who have infringed the breeder's right shall be held 
liable in accordance with the procedures prescribed by
law.
Transitional Provisions
1. The Law On the Protection of Plant Varieties (
Latvijas 
Republikas Augstākās Padomes un Valdības Ziņotājs
,
1993, No. 
18; 
Latvijas Republikas Saeimas un Ministru Kabineta 
Ziņotājs,
 1995, No. 22; 1999, No. 23) is repealed.
[17 November 2005]
2. The Cabinet shall:
1) by 1 January 2006 issue the regulation referred to in 
Section 18, Paragraph one of this Law;
2) by 1 June 2006 issue the regulation referred to in Section 
14, Paragraph one of this Law; and
3) by 1 December 2007 issue the regulation referred to in 
Section 18, Paragraph two of this Law.
[17 November 2005]
3. The provisions of Section 33 of this Law in relation to the 
conformity assessment of propagation materials shall
come into 
force on 1 April 2006.
4. Section 37.
1
 and the new version of Section 38 
of this Law shall come into force on 1 March 2007.
[21 December 2006]
12
/
145. The Cabinet shall, by 1 April 2011, issue the regulation 
referred to in Section 18, Paragraph five of this Law.
Until the 
day of coming into force of the relevant Cabinet regulation, but 
not longer than until 1 April 2011 the Cabinet
Regulation No. 243 
of 28 March 2006, Procedures for Organisation or Performance of a 
Variety Examination and
Taking of Decisions Regarding Recognition 
of the Results of a Variety Examination, shall be applied, in so 
far as it is
not in contradiction with this Law.
[16 December 2010]
6. A variety examination that has been commenced before 1 July 
2010 shall be completed in accordance with
those regulatory 
enactments that were in force at the time of commencing the 
variety examination.
[17 June 2010]
7. Amendments to Section 22, Clause 1 of this Law in respect 
of the State fee for extension of breeder's right shall
come into 
force on 1 December 2011.
[17 June 2010]
8. The Cabinet shall, by 1 April 2011, issue the regulation 
referred to in Section 18, Paragraph six of this Law
regarding 
the methodology for examination of distinctness, uniformity and 
stability of Japanese (flowering) quince.
Until the coming into 
force of the relevant Cabinet regulation, but not longer than 
until 1 April 2011 the Cabinet
Regulation No. 126 of 9 February 
2010, Methodology for Examination of Distinctness, Uniformity and 
Stability of
Japanese (Flowering) Quince, shall be applied, in so 
far as it is not in contradiction with this Law.
[16 December 2010]
9. The Cabinet shall, by 1 December 2012, issue the regulation 
referred to in Section 18, Paragraph six of this
Law, except the 
regulation provided for in Paragraph 8 of these Transitional 
Provisions regarding the methodology for
distinctness, uniformity 
and stability of cultivated plants.
[17 June 2010; 16 December 
2010]
10. Until 1 January 2012 a performer of a variety examination 
in Latvia, who in accordance with the Cabinet
Regulation No. 243 
of 28 March 2006, Procedures for Organisation or Performance of a 
Variety Examination and
Taking of Decisions Regarding Recognition 
of the Results of a Variety Examination, has entered into an 
agreement
with the State Plant Protection Service regarding 
performance of a variety examination, shall perform a variety
examination in conformity with the provisions of the agreement, 
taking into account the requirements of Section 18,
Paragraph 
three of this Law.
[16 December 2010]
11. A variety examination that has been commenced before 1 
January 2011 shall be completed in accordance with
those 
regulatory enactments that were in force at the time of 
commencing the variety examination.
[16 December 2010]
12. Section 18, Paragraph one, Clause 1 and Paragraph two, as 
well as Section 22, Clause 4 of this Law shall
come into force 
from 1 January 2012.
[16 December 2010]
Informative Reference to European 
Union Directives
The Law contains legal norms arising from:
1) Directive 98/44/EC of the European Parliament and of the 
Council of 6 July 1998 on the legal protection of
biotechnological inventions; and
2) Directive 2004/48/EC of the European Parliament and of the 
Council of 29 April 2004 on the enforcement of
intellectual 
property rights.
[17 November 2005; 21 December 
2006]
This Law has been adopted by the 
Saeima
 on 2 May 
2002.
President V. Vīķe-Freiberga
Rīga, 17 May 2002
13
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14© Oficiālais izdevējs "Latvijas Vēstnesis"
 
1
 The Parliament of the Republic of 
Latvia
Translation © 2013 Valsts valodas centrs (State 
Language Centre)
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14