Translation  from Finnish  
Legally binding only in Finnish and Swedish  
Ministry of Agriculture and Forestry  
 
Plant Breeder’s Rights Act  
(1279/2009; amendments up to 724/2016 included)  
 
Chapter 1  
General provisions  
 
Section 1  
Scope of application  
 
This Act applies to the protection of  a plant breeder’s  right (plant variety  right). A plant breeder’s 
right may be granted to varieties of all botanical genera and species.  
 
Section 2  
European Community legislation  
 
Provisions on plant variety rights of the Europe an Community are laid down in Council Regulation 
(EC) No 2100/ 94 on Community plant variety rights.  
 
The same protection  of a plant breeder’s right holder  as laid down by this Act applies to a 
Community plant variety right holder, unless otherwise specifie d in the Act.  
 
Section 3  
Definitions  
 
In this Act:  
 
1) essentially derived variety means a variety produced by utilising a protected variety in an essential 
way; 
2) plant breeder's right means the exclusive right of a breeder to the professional exploitation of the 
variety as laid down in this Act; a plant breeder's right also applies to:  
a) varieties which are not clearly distinct from a protected variety;  
b) essentially derived variety if the variety itself is not an essentially derived variety; and  
c) varieties whose p roduction requires repeated use of a protected variety;  
3) plant breeder's right holder means the breeder of the variety or the successor to this title; the 
plant breeder's right holder is the person who has last been entered to the register of plant breeder' s rights referred to in section 22 as the plant breeder's right holder, unless otherwise 
shown;  
4) variety means a plant grouping within a botanical taxon of the lowest known rank which can be:  
a) defined by the expression of characteristics of a given genotype or combination of genotypes;  
b) distinguished from any other plant grouping by at least one characteristic; and  
c) considered as a unit on the grounds of its suitability for being propagated unchanged;  
5) hybrid means the progeny of parents with different genotypes;  
6) propagating materia l means all plant parts which can be used for propagating plants;  
7) material of a variety means;   
a) propagating material of a variety;  
b) crop, whole plants and parts of plants harvested from the plantation of the variety; and  
c) all produce directly manufactured from the harvested crop ; 
8) marketing means sale or other handing over  against compensation, storage for sales purposes, 
offering for sale, handing over  without reimbursement for commercial exploitation , as well as 
placing on the market against charge or free of charge within the European Union for distribution 
or use within the Union territory.  
 
Chapter 2  
Plant breeder's right  
 
Section 4  
Content of plant breeder's right  
 
A plant breeder's right holder has the exclusive right to ex ploit the propagating material of the 
variety in professional production and marketing . 
 
The following measures  concerning propagating material require the authorisation of the plant 
breeder's right holder subject to conditions determined by the holder:  
 
1) propagating;  
2) conditioning for the purpose of propagation;  
3) marketing, export and import; and  
4) storage for use for purposes referred to in 1 –3. 
 
Measures  referred to in subsection 2 above may not be performed to crop obtained through 
unauthorised exploitation  of the propagating material of a protected variety without the 
authorisation of the plant breeder's right holder if the plant breeder's right holder has not had a 
reasonable opportunity to exercise his or her right to the propagating material concerned.   
Section 5  
Exceptions to  a plant breeder's right  
 
Plant breeder's right does not restrict the use of a variety:  
 
1) privately for  purposes other than  commercial ones; 
2) for experimental and research purposes; or  
3) for breeding new varieties ; 
4) subject  to the conditions laid down in section 6, for the production of sowing seed for the farm's 
own use.  
 
Section 6  
Right to cultivate a protected variety and obligation to pay remuneration for it  
 
Subject to payment of remuneration , a farmer has the right to use or produce propagating material 
of protected varieties for propagation purposes on his or her own holding. This  right applies to the 
cultivation of varieties of the following plant species, except for hybrids: oats, barley, r ye, wheat, 
triticale, turnip rape, swede rape, flax, pea, field bean, potato and buckwheat.  
 
The remuneration shall be substantially lower than the royalty payable in the marketing of the 
propagating material of the variety. A contract may be concluded bet ween the plant breeder's right 
holder and the farmer or between organisations representing them on a reasonable amount of 
remuneration payable to the plant breeder's right holder. Where such contract has  not been 
concluded or does not apply, the farmer has  the obligation to pay to the plant breeder's right holder 
a remuneration of 50 per cent of the sum payable for the marketing of the propagating material of 
the variety.  
 
A farmer who holds an arable area of less than 10 hectares is entitled to use the propagating 
material of a protected variety in the manner referred to in subsection 1 without paying 
remuneration. However, in such a case remuneration shall be paid for the cultivation of a protected 
potato variety if the cultivation area of the variety is larger than two hectares or if the area of early 
potato cultivated under covering is larger than one hectare.  
 
A farmer is oblig ed to provide , upon request, the authority and the plant breeder's right holder  with 
the necessary inform ation for establishing the payment obligation.   
Section 7  
Right to obtain cultivation information concerning a protected variety  
 
For the enforcement of the payment obligation laid down in section 6, the plant breeder's right 
holder is entitled to access the following information from the information system referred to in the 
Act of the Information System of  the Rural Business Authorities (284/2008):  
 
1) name and contact information of the farmer;  
2) code of  the holding;  
3) arable land area held by the farmer if this is more than two hectares in the case of a protected 
potato variety, one hectare in the case of early potato cultivated under covering , and 10 
hectares in the case of other varieties;  
4) cultivation area of varieties protected by a plant variety right of the European Community if this 
exceeds the calculated area needed for the production of 92 tonnes of cereal;  
5) cultivation area of potato varieties protected by the plant variety right of the European 
Community if this exceeds the cal culated area needed for the production of 185 tonnes of 
potato;  
6) cultivation areas  by variety  sown with seed of varieties  protected under this Act  produced on 
farmer's own holding.  
 
A plant breeder's right holder may use information disclosed  under subsection 1 only for the 
enforcement of the right to receive payment referred to in section 6. The plant breeder's right 
holder is not entitled to disclose  the information to another party.  
 
A condition for the disclosure  of information under subse ction 1 is that the plant breeder's right 
holder and farmer or organisations representing them have agreed on the remuneration payable to 
the plant breeder's right holder under section 6.  
 
Section 8  
Destr uction of  cultivation information concerning a prote cted variety  
 
A plant breeder's right holder shall destroy information obtained under section  7 within one year 
from the end of the calendar year concerned in the enforcement of the payment obligation referred 
to in section 6 for which the information has been disclosed . 
 
Section 9  Exhaustion of plant breeder's right  
 
Plant breeder's right does not a pply to  actions  relating to the marketing of a protected variety or 
material of varieties referred to in  section 3, subsection 7,  paragraphs  a–c in Finland if such 
measures  are not taken with a view to:  
 
1) further propagation of the variety; or  
2) export  of material of the variety to a country which does not protect the varieties of the plant 
genus or species to which the variety belongs, except where the exported material is intended 
for consumption.  
 
Chapter 3  
Conditions for granting a plant breeder's r ight 
 
Section 10  
Conditions concerning the applicant  
 
A plant breeder's right may be applied for by a natural person, legal entity  or body which may be 
treated as a legal entity  under the legislation concerning these. A plant breeder's right may be 
applied for by two or several persons jointly.  
 
If a party other than the breeder of the variety applies for the plant breeder's right, that party  shall 
prove its right to the variety.  
 
Section 11  
Conditions concerning the variety  
 
A plant breeder's right is granted if the variety is novel, distinct from other known varieties, uniform 
as regards plant growth , and stable as regards its relevant characteristics.  
 
A variety is not considered novel if propagating or harvested material of the variety has been sold or 
otherwise handed over  with the consent of the plant breeder's right holder for  the purpose of 
exploitation:  
 
1) in Finland for more than one year before the  filing of the application;  
2) abroad for more than six years before the filing of the application in the case of a tree or vine; 
or 3) abroad for more than four years in the case of  a plant other than those referred to  in point 2 . 
 
A plant breeder's right shall not be granted if the variety is covered by Community protection under 
Council Regulation (EC) No 2100/ 94 on Community plant variety rights.  
 
Chapter 4  
Approval of  a plant breeder's right  
 
Section 12  
Competent authority  
  
 The Finnish Food Safety Authority (Evira) is responsible for the approval, registration and 
publication of a plant breeder's right and maintaining  of the register of plant breeder's rights.  
 
Section 13  
Application  
 
An application concerning the granting of a plant breeder's right shall be  filed to  Evira in writing  in 
the Finnish, Swedish or English language. The application shall present : 
 
1) name, contact information, personal or business identity code and place of domicile of the 
applicant of the plant bre eder's right and possible agent , as well as the name and contact 
information of the breeder;  
2) proposal for variety denomination and account of the use of the variety denomination , as well as 
breeder's reference;  
3) plant genus and species;  
4) information on the o rigin of the variety, protection in another state and test results;  
5) information on whether right of priority is applied for , as well as where and when earlier 
applications have been filed;  
6) assurance that the variety has not been marketed in a way referred to in section 11 , subsection 
2 prior to the filing of the application; and  
7) An account of whether the variety has been approved under the Gene Technology Act 
(377/1995) or Regulation (EC) No 1829/2003 of the European Parliament and of the Council on 
genetic ally modified food and feed.  
 
The date when the application documents are filed to Evira and the application fee is paid shall be  
entered as the date of application. As minimum information for assigning the application date the application shall present  the name and contact information of the applicant, plant genus and 
species, variety denomination and breeder's reference.  
 
If the applicant has not provided all information referred to in subsection 1, Evira shall request the 
applicant to correct the shor tcomings within a set time period. If the applicant does not correct the 
shortcomings within the set time period, the application is not examined.  
 
An application which has been left unexamined is taken up for examination if this is requested by 
the applicant within one month from the expiry of the time limit set by Evira and if the applicant 
takes measures  to correct the shortcomings and pays the re -examination fee within the same time 
period.  
  
If the proposed variety denomination may be confused with a brand name, denomination, business 
name or other indication concerning the material  of the variety  or similar goods to which the 
applicant has a righ t of priority, an extract from the register from the National Board of Patents and 
Registration shall be attached to the application, showing that the brand name, denomination, 
business name or other indication has been removed from the relevant register. If such an 
indication has not been registered, the applicant shall attach to the application an account that the 
applicant has relinquished or is prepared  to relinquish the right to use this indication.  
  
Further provisions on the information to be present ed in an application under subsection 1 may be 
issued by Decree of the Ministry of Agriculture and Forestry.  
 
Section 14  
Provisional protection  
  
 Provisional protection starts as from the date of application and continues until a plant breeder's 
right has been granted. Provisional protection ceases to exist if a plant breeder's right is not 
granted.  
 
Section 15  
Right of priority  
 
The right of priority of plant breeder's right applications is determined on the basis of the date of 
application. If several applications have the same date of application, their mutual right priority is 
determined on the basis of the time of receipt of the application. If the  right priority cannot be 
established on the basis of the time of receipt of the application, the applications have the same right of priority.  
 
If the applicant  for a plant breeder’s right  has previously applied for  a plant breeder's right in a 
territory which is in the jurisdiction of a member of the International Union for the Protection of New 
Varieties of Plants or the World Trade Organization, an application filed within 12 months of the 
filing of the previous app lication shall be considered to have been filed  here at the same time . 
 
A precondition for determining the right of priority under subsection 2 is that the right of priority is 
specifically claimed upon filing the application and copies of the previous app lication concerning the 
variety and the related document are delivered to Evira within three months from the filing of the 
application. The copies shall be certified by the authority which received the first application 
concerning the variety in question.  
 
The applicant shall deliver the information, documents and materials necessary for examining the 
application to Evira within two years from the expiry of the period of validity of the right of priority 
under subsection 2. If the first application has been  rejected, the applicant shall be granted enough 
time to deliver the information, documents and materials necessary for examining the application to 
Evira.  
 
Further provisions  on making the request concerning the right of priority may be issued by Decree 
of the Ministry of Agriculture and Forestry.  
 
Section 16  
Publication of an application  
 
Evira shall reserve the general public the opportunity to make claims concerning the application by 
publishing the identification information of the application.  
 
Claims  concerning the application shall be filed to Evira in writing within a set time period of three 
months from the publication of the application.  
 
Further provisions  on the publication of an application and the identification information to be 
published may  be issued by Decree of the Ministry of Agriculture and Forestry.  
 
Section 17  
Claim for a better right  
 If a third party claims that it has a better right to a variety than the applicant, the party concerned  
shall file a written claim on this to Evira. If the matter is unclear, Evira shall by an interim decision  
advice the party concerned to institute proceedings at a court of law within a set time period. If 
court proceedings are not instituted within the set time  period, the claim is ignored, which shall be 
mentioned in the interim decision . 
 
If a civil matter  over a better right to a variety is pending at a court of law, the examination of the 
application shall be suspended until the matter is finally resolved.  
 
Section 18  
Transfer of an application  
 
If a party proves to Evira that it has a better right to a variety than the applicant Evira shall, upon 
claim by the party , transfer the application to th at party. The transferee shall pay the application fee  
at the same time . 
 
The application shall not be left unexamined, approved, rejected or cancelled until the transfer claim 
has been finally resolved.  
 
Section 19  
Examination of a variety  
 
Evira organises the examination of the variety upon request by the applicant  and according to 
international procedures  to find out whether the variety is distinct, uniform and stable, unless the 
examination is to be considered unnecessary for special reasons.  
 
The applicant shall deliver the necessary material of the variety and o ther necessary information to 
Evira or the party which conducts the examination.  
 
Section 20  
Decision on  a plant breeder's right  
  
 After the expiry of the time period reserved for filing claims, Evira investigates whether the variety 
fulfils the requirements set in section 11, as well as makes the decision on the approval of the plant 
breeder's right. Decisions and cancellations concerning the application shall be  published and 
decisions concernin g approved applications shall be  entered to the register of plant breeder's rights 
referred to in section 22.   
Section 21  
Validity  
 
A plant breeder's right is valid as from the date when Evira has made the approval decision. The 
right may be kept valid  for 30 years from the beginning of the year following the approval decision 
by paying an annual fee by the end of January of each calendar year.  
 
The validity of  a plant breeder's right expires if a Community plant variety right to the protected 
variety i s granted to the applicant.  
 
Section 22  
Register of plant breeder's right s 
 
The following information on approved plant breeder's rights shall be  entered to the register of plant 
breeder's rights kept by Evira:  
1) registration number of the plant breeder's right;  
2) name and contact information, business identity code  and place of domicile  of the plant breeder's 
right holder and possible agent , notification of the change of agent , as well as name and contact 
information of the breeder;  
3) plant genus and species which the variety belongs to and identification information of the variety 
description;  
4) approved variety denomination, date of variety denomination proposal and breeder's reference;  
5) date of application, number and publication date of the application and ap proval date of the plant 
breeder's right;  
6) right of priority  granted  and the state in which the previous application concerning the variety has 
been filed, as well as the date of application when the application has been filed;  
7) payment of the annual fee;  
8) compulsory licence, compulsory cross -licence and licence granted;  
9) lien; 
10) decisions by Evira which have no legal validity, appeals, executions, seizures and court decisions 
on the matter  
11) expiry date of the plant breeder's right.  
 
If the entry to the register cannot be resolved immediately, an entry to the register shall be made 
that such an entry has been requested.  . 
 Otherwise the provisions laid down in the Act on Information Systems of Rural Business 
Administration apply to the  register of plant breeder's rights and documents included in the register.  
 
Further provisions on the content of entries made in the register under subsection 1 may be issued 
by Decree of the Ministry of Agriculture and Forestry.  
 
Section 23  
Removal of an  entry from the register  
 
If it is proven that a licence, lien or compulsory licence has expired, the entry shall be removed from 
the register.  
 
Personal data of a natural person referred to in section 22, subsection 1, paragraph  2 shall be  
removed from the register no later than within ten years from the expiry of the validity of the plant 
breeder's right. The provisions laid down in the Personal Data Act (523/1999) or decisions made 
under it apply to the removal of information recorded in the register.  
 
Provisions on archiving the information removed from the register are laid down in the Archiving Act 
(831/1994).  
 
Chapter 5  
Variety denomination  
 
Section 24  
Selection and use of variety denomination  
 
Variety denomination shall be such that a  variety can be distinguished from other varieties of the 
same or closely related species.  
 
Variety denomination shall not be approved if it can be confused with a brand name, denomination, 
business name or other indication to which a party other than the applicant has the protection so 
that this protection of another party is an impediment to the registration of the vari ety 
denomination.  
 
The approved variety denomination shall be used when marketing the propagating material of a 
protected variety. The approved variety denomination shall also be used after the expiry of the 
validity of the plant breeder's right or the right has otherwise lapsed.   
Further provisions on the selection and use of variety denomination may be issued by Decree of the 
Ministry of Agriculture and Forestry.  
 
Sectio n 25 
Cancellation of variety denomination and new variety denomination  
 
Evira shall cancel an approved variety denomination  if: 
 
1) the variety denomination has been approved in a way that violates this Act and the impediment 
to the approval continues to exis t; 
2) the plant breeder's right holder demands  this and demonstrates good cause  for it; or 
3) a decision of a court of law forbidding the use of the denomination for a certain variety  is 
presented . 
 
Evira shall notify the plant breeder's right holder of the demand  to cancel the variety denomination 
and request the holder to submit a proposal  for new denomination  within 30 days of having 
received notice of such a demand . 
 
Evira shall examine the proposal concerning new denomination. The new denomination  shall be 
published and registered  after Evira has approved it . 
 
Further provisions on the cancellation and changing  of variety denomination may be issued by 
Decree of the Ministry of Agriculture and Forestry.  
 
Chapter 6  
Lapse, annulment and forfeiture of  a plant breeder's right  
 
Section 26  
Lapse of  a plant breeder's right  
 
Evira declares  by its decision that a plant breeder's right  has lapsed if the plant breeder's right 
holder notifies Evira in writing that the holder waives the plant breeder's right.  
 
If the annual fee has not been paid as laid down in section 21, Evira shall urge the plant breeder's 
right holder to pay the annual fee within a set time period, subject to the threat that the plant 
breeder's right lapses. If the plant breeder's right holder has not paid the fee within the set time period, Evira declares  by its decision that the plant breeder's right has lapsed.  
 
If a plant breeder's right has been seized or there is a lien which has been entered to the register 
on it or a civil matter  concerning the transfer of the plant breeder's right is pending, the plant 
breeder's right may not be cancelled as long as the seizure or lien is effective or the civil matter  has 
not been finally resolved.  
 
Section 27  
Annulment  
 
A court of law shall annul a plant breeder's right if, when granting the right:  
 
1) the preconditions for the distinctness or novelty of the variety did not exist;  
2) the preconditions for the uniformity or stability  of the variety  did not exist and the decision o n 
the approval of the p lant breeder's right was essentially based on information provided by the 
applicant . 
 
A court of law shall annul  a plant breeder's right if the right has been granted to an applicant who is 
not entitled to it, unless Evira transfers the plant breeder's rig ht to a party which is entitled to it.  
 
(Subsection 3 was repealed by Act  115/2013 ) 
 
Section 28  
Forfeiture  
 
Evira declares a plant breeder's right forfeit if:  
 
1) the plant breeder's right holder is unable to produce propagating material of the variety with 
identifying features corresponding to those of the protected variety;  
2) the plant breeder's right holder does not provide, upon Evira's request  and within the set time 
period , propagating material  of the variety , documents and other informa tion which are 
necessary to examine whether the variety is appropriately maintained; or  
3) the variety denomination has been cancelled after the  plant breeder’s  right has been granted 
and the plant breeder's right holder does not propose an acceptable new variety denomination.  
 
Section 29  
Registration of expiry of a plant breeder's right   
An entry of the expiry of plant breeder's right shall be  made in the register if:  
 
1) a plant breeder's right has lapsed as laid down in section 26;  
2) a plant breeder's right has been annulled by a legally valid decision of a court of law as laid down 
in section 27;  
3) a plant breeder's right has been declared forfeit by a decision of Evira as lai d down in section 28; 
or 
4) validity of a plant breeder's right has expired as laid down in section 21.  
 
Chapter 7  
Licence, compulsory licence and compulsory cross -licence  
 
Section 30  
Licence  
 
If a plant breeder's right holder has granted another party the right to  professional exploitation of a 
protected variety  (licence ), this may assign the licence to a further party  only if this has been 
agreed on.  
 
If the licence is held by a company, it may be  assigned further in connection with the transfer of the 
company, unless otherwise agreed.  
 
If the plant breeder's right holder notifies of relinquishing  the plant breeder's right and a licence 
concerning the variety  has been entered to the register, Evira  shall notify the licence holder of the 
matter to reserve a reasonable time to supervise its rights before Evira declares by its decision that 
the plant breeder's right has lapsed.  
 
Section 31  
Compulsory licence  
 
If propagating material of a registered  variety is not produced for the market on reasonable terms  
and sufficiently as regards the general food supply needs, a party wishing to professionally exploit 
the variety in Finland may obtain a compulsory licence for this, if there is no acceptable cause  for 
the action by the plant breeder's right holder. Compulsory licence  also includes the right to obtain 
the necessary amount of the propagating material of the variety from the plant  breeder's right 
holder.   
Compulsory licence may only be granted to a party who is considered to possess the prerequisites 
to exploit the variety subject to the plant breeder's right in an acceptable manner and on the terms  
set in the compulsory licence. Compulsory licence does not  prevent the plant breeder's right holder 
from exploiting the right or from issuing a licence for the variety  
 
Compulsory licence is granted by a court of law, which determines to what extent the protected 
variety may be exploited as well as confirms the r emuneration and other terms  of the compulsory 
licence. The court of law may, upon demand  by the plant breeder's right holder, cancel a 
compulsory licence or confirm new terms  for it if required  by essential changes in the 
circumstances.  
 
Section 32  
Compulsory cross -licence  
 
If a holder of a patent concerning a biotechnological invention cannot exploit the patent without 
infringing a prior plant breeder's right concerning the variety, the patent holder may apply for a 
compulsory licence from a court o f law for non -exclusive use of the variety protected by the right 
concerned subject to payment of an appropriate r emuneration . If such a compulsory licence is 
granted to the patent holder, the plant breeder's right holder is entitled to a cross -licence on 
reasonable terms  to use the protected invention.  
 
The applicant for a licence referred to in subsection 1 above shall demonstrate that the applicant 
has applied unsuccessfully to the plant breeder's right holder to obtain a contractual licence and that 
the invention constitutes significant technical progress of considerable economic interest as regards 
the protected variety.  
 
Provisions on the right of a plant breeder to obtain a compulsory licence for the exploitation of an 
invention protected by a patent are laid down in the Patent Act (550/1967).  
 
Chapter 8  
Private law protection  
 
Section 33  
Prevention of infringement  
 
If someone infringes an exclusive right arising from  a plant breeder's right , a court of law may forbid the continuation or repetition of the act.  
 
Section 34  
Suspension order on an intermediary  
 
When processing a claim  referred to in section 33 , a court of law may, upon demand  by the plant 
breeder's right holder, order a party maintaining a transmitter, server or other similar device or 
offering other service that functions as an intermediary to suspend any use that is claimed to 
infringe a plant breeder's right ( suspension ord er), unless this is considered unreasonable taking 
account of the rights of the alleged infringer of the plant breeder's right, the intermediary and the 
plant breeder's right holder.  
 
Before bringing proceedings  referred to in section 33 , the court of law may, upon application  by the 
plant breeder's right holder, issue a suspension order if the preconditions for this under subsection 1 
exist and if it is evident that the realisation of the rights of the right holder would otherwise be at 
serious risk. The c ourt of law shall reserve the opportunity to be heard both  for the party to which 
the issue of the  order has been applied for  and for the party claimed to have infringed the plant 
breeder's right. The noti ce to the party to which the  issue of the  order has been applied for  may be 
delivered by post, telefax or email.  
(115/2013)  
 
A court of law may, upon request , issue the suspension order referred to in subsection as a 
temporary one without hearing the alleged infringer, if this is imperative due to the urgency of the 
matter. The order is in force until further notice. The alleged infringer shall be reserved the 
opportunity to be heard immediately after the issue of the order. When the alleged infringer has 
been heard, the court of law shall decide without delay whether the order is kept in  force or 
cancelled.  
 
A suspension order issued under this section may not compromise the right of a third party to send 
and receive messages . A suspension order becomes effective when the applicant lodges  with the 
bailiff  security referred to in chapter 8, section 2 of the Enforcement Code  (705/2007) . Chapter 7, 
section 7 of the  Code of Judicial Procedure provides for the possibility of relief from the 
lodging of security . A suspension order issued under subsection 2 or 3  above  lapses if proceedings  
referred to in section 33 are not brought  at a court of law  within a month from t he issue of the 
order.  
(115/2013)  
 The party which demanded the suspension order shall compensate the party to which the order has 
been issued as well as the alleged infringer for any damage caused due to the enforcement of the 
order and costs arisen from the matter if proceedings  referred to in section 33 are rejected or left 
unexamined or if the processing of the matter is dismissed wit hout consideration because the 
plaintiff has cancelled the proceedings  or has failed to appear at the court of law. The same applies 
when a suspension order is cancelled under subsection 3 or lapses under subsection 4. The 
provisions of chapter 7, section 12 of the Code of Judicial Procedure apply to bringing proceedings  
concerning  the compensation of damages and expenses.  
 
Section 35  
Declaratory action  
 
A plant breeder's right holder or a party wh ich is entitled under a licence or compulsory licence to 
exploit a variety protected by a plant breeder's right  may initiate declaratory  action concerning 
whether the party is entitled to protection from another party under the plant breeder's right  
granted  if the matter is unclear and causes harm to the party . 
 
Anyone who exploits or intends to exploit a variety protected by a plant breeder's right may, on the 
same terms , initiate declaratory action against the plant breeder's right holder concerning whether  
an impediment to the activity concerned exists due to the  plant breeder's right  granted . 
 
Section 36  
Remuneration and compensation for damages  
 
Anyone who intentionally or through negligence infringes  a plant breeder's right or the provision in 
section 24 , subsection 3 on using variety denomination is liable to pay the plant variety right holder  
a reasonable remuneration for exploiting the variety and compensation for any damage caused by 
the infringement. If the negligence is minor, compensation for the damages can be adjusted.  
 
If infringement of  a plant breeder's right or section 24, subsection 3 referring to the use of a variety 
denomination is not intentional or caused by negligence, the infringer is liable to pay a reasonable 
remuneration for exploiting the variety.  
 
Compensation for damages bas ed on infringement of  a plant breeder's right or section 24 , 
subsection 3 referring to the  use of variety denomination may only be claimed concerning the five -
year period preceding the institution of proceedings.  
 If a plant breeder's right has been annulled by a court decision that has gained legal force, liability 
for remuneration or compensation for damages does not exist.  
 
The provisions of the Tort Liability Act (412/1974) also apply to the compensation for damages . 
 
Section 37  
Farmers’ liability for damages  
 
A farmer who neglect s the obligation laid down in section 6 is liable to pay compensation to the 
plant breeder's right holder. The amount of the compensation is determined in accordance with 
Commission Regulati on (EC) No 1768/95 implementing rules on the agricultural exemption provided 
for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community Plant Variety Rights.  
 
Section 38  
Returning plant variety material  
 
On the institution of proceedings by a party suffering from infringement of the right, a court of law 
may, within reasonable limits, order that the plant material of the variety concerned in the 
infringement be surrendered to the injured party against payment. The above does not apply to a 
party which has obtained plant material of the variety or a special right to  it in good faith and ha s 
not itself infringed the plant breeder's right.  
 
The plant material of the variety referred to in subsection 1 above may be confiscated if the party 
suffering  the infringement has filed a claim demanding surrender of the plant material of the variety 
as provided in  the Enforcement Code.  
 
Section 39  
Infringement of provisional protection  
 
If a party other than the applicant  professionally  exploits a variety or propagating material of a 
variety  during the time referred to in section 14, the provisions concerning the infringement of a 
plant breeder's right shall be applied if a plant breeder's right is granted later on.  
 
A punishment referre d to in chapter 9 of this Act or chapter 49, section 2 of the Criminal Code  
(39/1889)  cannot be imposed for infringement of  a plant breeder's right which has taken place 
during provisional protection.  
 Compensation for damage which has arisen before the publication of an application referred to in 
section 16 may only be ordered under section 36 , subsection 2. 
 
If proceedings  concerning compensation for damages are initiated within one year from the 
approval of the plant breeder's right, the provision in section 36 , subsection 3 does not apply.  
 
Section 40  
Publication of the judgement  
 
In a civil matter  concerning the infringement of  a pant breeder's right a court of law may order, 
upon demand by the plaintiff, that the defendant must compensate for costs i ncurred to the plaintiff 
for taking appropriate action to publish information on a legally valid judgement in which the 
defendant has been found to have infringed  the plant breeder's right. The order shall not be issued 
if the dissemination of  information has been restricted in other legislation. When considering the 
issue and content of the order, the court of law shall take account of the general significance of the 
publication, type and extent of the infringement, costs arising from the publication and o ther similar 
matters . 
 
A court of law may order a maximum amount for the reasonable publication costs to be 
compensated for. The plaintiff is not entitled to compensation if information on the judgement has 
not been published within the time limit from the judgement bec oming legally valid set by court of 
law. 
 
Chapter 9  
Penal provisions  
 
Section 41  
Infringement of  a plant breeder's right  
  
 Anyone who intentionally infringes the exclusive right laid down in section 4  shall be  sentenced to a 
fine for infringement of  a plant breeder's right , unless the act is to be punished as violation of 
incorporeal rights referred to in chapter 49, section 2 of the Criminal Code.  
 
Section 42  
Violation of  a plant breeder's right  
 
 Anyone who intentionally or through gross negligence neglects the obligation to provide information laid down in section 6 , subsection 4 or violates the provisions on the use of variety denomination in 
section 24 , subsection 3 shall be sentenced to a fine for violation of  a plant breeder's right . 
 
Section 43  
Misuse of cultivation information concerning a protected variety  
 
 A plant breeder's right holder who intentionally or through gross negligence uses information 
disclosed  under s ection 7 in a way that violate s the purpose of use laid down in section 7 , 
subsection 2 or discloses  information  to another party  in a way that violates the said provision shall 
be sentenced to a fine for misuse of cultivation information concerning a protected variety . 
 
Section 44  
Right to institute criminal proceedings  
 The prosecutor may not bring charges for  an offence referred to in sections 41 -43 unless the 
complainant reports the offence for prosecution.  
 
Chapter 10  
Miscellaneous provisions  
 
Section 45  
Appeal  of a decision by Evira  
(115/2013)  
 
 A decision by Evira under this Act may be appealed to the Market Court  as laid down in the 
Administrative Judicial Procedure Act (586/1996).  
  
 Provisions on the consideration of an appeal referred to i n subsection 1 above by the Market Court 
are laid down in the Market Court Proceedings Act (100/2013).  
 
Section 46  
Legal venue  in civil matters  
(115/2013)  
 
The court of competent jurisdiction in civil matters and app lications  under this Act is the Market 
Court . 
 
Provisions on the consideration of civil matters and app lications  by the Market Court are laid down in the Market Court Proceedings Act (100/2013).   
 
Section 47  
Legal venue in  criminal matters   
(115/2013)  
 
The court of competent jurisdiction in  a charge concerning violation of incorporeal rights  referred to 
in chapter 49, section 2 of the Criminal Code that infringes a plant breeder’s right and violation 
referred to in sections 41 –43 of this Act  is the Helsinki Distri ct Court.  
 
The provisions in section 46 above notwithstanding, a claim for remuneration and compensation 
under section 36 arising from a crime concerned in the charge may be considered in connection 
with the charge referred to in subsection 1 above.  
 
The court remains competent  to examine a claim referred to in subsection 2 despite changes in the 
circumstances upon which its competence was grounded after the claim was presented . 
 
Section 47a  
Opinion  from Evira in  a criminal matter  
(115/2013 ) 
 
Provisions in chapter 4, section 22 of the Market Court Proceedings Act on the right of the Market 
Court to request an opinion shall apply to the right of the court of competent jurisdiction referred to 
in section 47 to re quest an opinion from Evira . 
 
Section 47b  
Expert in a criminal matter  
(724/2016) 
 
When considering a matter referred to in section 4 7, the District Court may be assisted by the 
maximum of two expert members referred to in chapter 17, section 10, subsection 2 of the Courts 
Act (673/2016 ). 
 
The expert shall give a written opinion on the questions posed by the District Court. The expert has 
the right to pose questions to the parties and witnesses. Before deciding on  the matter the District 
Court shall reserve the parties the opportunity to  give their opinion on the expert opinion.  
 Provisions of the right of the expert to fees and compensation are laid down in chapter 17, section 
22 of the Courts Act.  
 
Section 47c  
Notification to Evira in  a criminal matter  
(115/2013)  
 
The provisions in chapter 4, section 23 of the Market Court Proceedings Act on the obligation of the 
Market Court to provide notice of the decision it has made shall apply to the obligation of the court 
of competent jurisdiction  referred to in section 47 t o provide notice of the decision it has made to 
Evira.  
 
Section 48  
Charges to be collected  
 
Charges  to the State  for tasks undertaken by Evira are collected on the grounds laid down in  the Act 
on Criteria for Charges Payable to the State (150/1992).  
 
Secti on 49  
Agent of an applicant for and holder of  a plant breeder's right  
 
 If the applicant for or holder of  a plant breeder's right has no domicile in Finland, the applicant or 
holder shall have an agent residing within the European Economic Area who is entitled to represent 
the applicant or holder in all matters concerning the plant breeder's right.  
 
Section 41  
Entry into force  
 
This Act enters into force on 1 January 2010.  
 
This Act repeal s the Act on Plant Variety Rights of 21 August 1992  (789/1992)  with subsequent 
amendments and the Act on the Protection of  a Plant Variety Right Granted by the European 
Community under Private and Public Law in Finland of 5 March 1999 (239/1999).  
 
Provisio ns issued under the repealed Act on Plant Variety Rights  remain in force until otherwise 
provided under this Act.  
 This Act applies to applications for plant breeder's right pending upon entry into force of this Act 
and plant breeder's rights granted on th e basis of these as well as plant breeder's rights granted 
before the entry into force of th is Act. 
 
The period of validity of plant breeder's rights in force upon entry into force of this Act are extended 
as laid down in this Act as from the approval decision.  
 
Measures necessary for the implementation of this Act may be undertaken before the Act's entry 
into force.  
 
If in other law reference is made to the Act on Plant Variety Rights in force upon entry into force of 
this Act, this Act  applies instead .