WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/P/8 
9 February 2007 
 (07-0594) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The present document reproduces the consolidated text
1 of the Decree on Plant Variety 
Rights 9.10.1992/907, notified by Finland under Article 63.2 of the Agreement (see document 
IP/N/1/FIN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE
 
  Le présent document contient le texte actualisé
1 du Décret 9.10.1992/907 sur les droits 
afférents aux variétés végétales, notifié par la Finla nde au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/2). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA
 
 
 En el presente documento se reproduce el texto1 refundido del Decreto sobre derechos 
relativos a las obtenciones vegetales N° 9.10.1992 /907, notificado por Finlandia en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/FIN/2). 
 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/P/8 
Page 2  
 
  Decree on Plant Variety Rights 9.10.1992/907 (Unofficial translation) 
 
 Section 1  – Registration applications 
 
Registration applications must be signed by the applicant or his/her representative and must 
include:  1) the applicant’s name, domicile and address an d, if the applicant is represented by an agent, 
the agent’s name, domicile and address;  2) information on the variety’s origin and the re sults of tests carried out with the variety; 
 3) a temporary proposal for a variety denominati on if a final proposal is  not yet put forward; 
 4) information on whether registration of the va riety has been applied for in another state, 
whether a variety denomination has been proposed  or approved in that context and what the 
authorities of said state have found in investig ating the conditions for the registration of the 
variety;  5) information on whether a priori ty right is applied for in acc ordance with section 10 below 
and on where and when any previous applications have been submitted; and  6) information prescribed in section 10 of the Act on Plant Variety Rights (789/1992). 
 The following must be appended to the application:  1) a proxy if the applicant is represented by an agent; and  2) if a proposed variety denomination may be confused with a trademark related to plant 
variety material or similar goods to which the a pplicant has sole right, a certificate from the 
National Board of Patents and Re gistration stating that the trad emark has been removed from 
the register of trademarks, or, if such a trad emark has not been registered, the applicant’s 
explanation that he/she has given up or notification stating that he /she is prepared to give up 
his/her right to use such a trademark.  The application, including its appendices, must  be drawn up in Finnish, Swedish, Norwegian, 
Danish or English.  Section 2  – Register of applications 
 The Plant Variety Board maintains a register of  all plant variety regi stration applications 
submitted to it.  The Plant Variety Board enters on the applica tion the application’s diary number and the date 
on which the application has been submitted to the Board.  The following entries must be made in the register:  IP/N/1/FIN/P/8 
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1) the date of receiving the applicati on and the application’s diary number; 
 2) the botanical genus or species  that the variety belongs to; 
 3) a proposal for the variety’s final or temporary denomination;  4) the applicant’s name, domicile and address;  5) if the applicant is represented by an agent,  the name, domicile and address of the agent; 
 6) the breeder’s name and address;  7) if a priority right has been requested, in formation on the state in which the application 
concerning the same variety has been ma de and the number of the application; 
 8) necessary information on the plant material delivered to the Board or an authority or 
institution nominated by the Board and on its propagation;  9) information on the documents submitted to the Board and the payments made;  10) any decisions made in the matter;  11) any delays in processing of the matter caused by previous app lications; a corresponding 
entry must be made in the register where th e previous application has been entered; and 
 12) information on any transfers of applications  referred to in section 16 of the Act on Plant 
Variety Rights.  Section 3  – Publication of the board 
 The Plant Variety Board issues a publicatio n containing data on plant variety rights 
registrations as provided in the Act on Plant Variety Rights and the D ecree issued under it. 
 Section 4  – Publishing registration applications 
 If a registration application meets the requi rements, the Board pub lishes the application. 
 The publication must include:  
1) the application’s diary number; 
 2) the applicant’s name, domicile and address;  3) the breeder’s name and address;  4) the botanical genus or species  that the variety belongs to; 
 IP/N/1/FIN/P/8 
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  5) the proposed final or tem porary variety denomination; 
 6) the date on which the application was submitted to the Plant Variety Board;  7) whether a priority right has been requested and the state in which the previous application 
concerning the variety has been made and the date on which the application was made and 
the number of the application; and  8) the date by which claims concerning the application must be made.   Section 5  – Publication of proposals for amending variety denominations 
 If, after a registration application has been pub lished in accordance with section 4, a proposal 
is made to amend the variety denomination, th e Plant Variety Board publishes the proposal. 
 The publication must include:  1) the application’s diary number;  2) the applicant’s name, domicile and address;  3) the botanical genus or species  that the variety belongs to; 
 4) both the proposed new denominati on and the previous denomination; 
 5) the date on which the application was submitted to the Plant Variety Board; and  6) the date by which claims concerning the application must be made.  Section 6  – Filing a claim 
 If a claim is made against a registration applic ation or a proposal for a variety denomination, 
grounds for the claim must be given.  If an agent is used in filing the claim, the agent must present a pr oxy given by the claimant. 
 Section 7  – Processing in the Board 
 When processing a registration application, the Plant Variety Board must take into account 
the facts presented in the application and other facts affecting the process. 
 
The Plant Variety Board may request expert op inions on issues related to the processing. 
 Anyone who applies for plant variety registration in Finland in respect of which a registration 
application has previously been ma de in another state is required  to explain to the Board what 
this other country’s authorit ies have found on the basis of the application made there. 
  IP/N/1/FIN/P/8 
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  Section 8  – Entering a plant variety in  the plant variety register 
 The following information must be incl uded in the plant variety register: 
 1) the application’s diary number and the plant variety registration number; 
 2) the variety holder’s name, domicile and addr ess and, if the applican t is represented by an 
agent, the name, domicile and address of the agent; 
 3) the breeder’s name and address;  4) the botanical genus or species that the plant variety belongs to; 
 5) the registered variety denomination;  6) the date on which  
a) the registration application was submitted to the Plant Variety Board; 
 
b) the variety denomination proposal was submitted to the Plant Variety Board; 
 
c) the application was published; 
 
d) the plant variety was registered; and 
 7) whether the plant variety has been granted the priority right referred to  in section 12 of the 
Act on Plant Variety Rights and the state in wh ich such a previous application concerning 
this variety has been made, incl uding the date of  application. 
 Section 9  – Entries concerning assign ment of plant variety right s and licences and certain 
other entries to be made in  the plant variety register 
 In addition to what is provided in section 25 of the Act on Plant Variety Rights on entries to 
be made in the register, an entry is made in the register concerning th e payment of the annual 
fee.  The entries must include the names, domiciles and addresses of the holders of the rights and 
the dates concerning the measures referred to in  subsection 1. If a part y entitled to a licence 
so requests, the register must also include  information on whether and how the variety 
holder’s rights have been restricted in the licence. 
 
If an appealing party so requests, the register must also include entries on appeals concerning 
final decisions on plant variety rights made by the registration authorities. Court decisions 
made in the matter are also entered in the register.  On request, distraint and confisca tions imposed on plant variety righ ts must also be entered in 
the register, as well as notif ications on changing agents. 
 IP/N/1/FIN/P/8 
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  If questions concerning entries in the register cannot be solved without  delay, an entry must 
be made in the register to the eff ect that an entry has been requested. 
 Section 10  – Entries concerning priority right 
 In order to be granted the prio rity right referred to in sec tion 12 of the Act on Plant Variety 
Rights, the following is required:  1) a priority right is specifi cally requested on application; 
 2) copies of a previous application and rela ted documents are submitted to the Plant Variety 
Board within three months of submission of the application to the Board; the copies must be 
certified correct by the authority that origin ally received the application concerning said 
variety; and  3) other documents and plant material needed fo r processing the priority right issue have been 
delivered to the Plant Variety Board within four years of expiry of the priority period; if a 
previous application has been refused or cancelled, the Board may also issue other provisions 
concerning the period within which the last men tioned documents and plant material must be 
delivered to the Board.  Section 11  – Removal of plant varieties fr om the plant variety register 
 If a variety holder announces that he/she waives  his/her plant variety rights, if the annual fee 
is not paid within the prescrib ed period, if a court declares th e plant variety rights annulled or 
if the Plant Variety Board declares the plant variety rights lost, the Plant Variety Board 
removes the plant variety from the register as soon as the court or Bo ard decision has gained 
legal force.  Section 12  – Notifications to the National Board of Patents and Registration 
 If an applicant has appended to his/her applica tion an explanation or notification as referred 
to in section 1(2)(2), the Plant Variety Bo ard notifies the National Board of Patents and 
Registration of this and the registered variet y denomination as soon as the decision on the 
registration of the plant vari ety has gained legal force. 
 Section 13  – Notifications to licence holders 
 If a variety holder announces th at he/she gives up his/her pl ant variety rights and a licence 
concerning such a plant variety has been entere d in the register, the Board must notify the 
licence holder in order to reserve a reasonable time for the holder to assert his/her rights 
before the Plant Variety Board removes the plant variety from the register. 
 Section 14  – Publishing registrations of plant variety rights or refusals of applications 
 When publishing decisions on th e registration of plant variety rights or refusals of 
applications, the plant variety registration date , the register number, the application’s diary  IP/N/1/FIN/P/8 
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  number and the date on which the application was submitted to the Plant Variety Board must 
be included.  Section 15  – Other issues to be published 
 The Plant Variety Board must publish Board decisions that have gained legal force 
concerning removal of the plan t variety from the plant vari ety register, amendment of a 
registered variety name or assignment of  plant variety rights to a third party. 
 Section 16  – Entry into force 
 This Decree enters into force on 15 October 1992.  
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