WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/P/17 
16 February 2012 
 (12-0891) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Decree on Plant Variety Rights, as notified 
by Finland on 10 February 2011 under Article 63.2 of the Agreement (see document IP/N/1/FIN/3). 
 
 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
1 du Décret sur la protection des variétés végétales, 
notifié par la Finlande le 10 février 2011 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/FIN/3).  
 
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 texto
1 del Decreto relativo a los derechos sobre las 
obtenciones vegetales, notificado por Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/P/17 
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MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
   
   IP/N/1/FIN/P/17 
 Page 5 
 
 
  DECREE ON PLANT VARIETY RIGHTS 
 (unofficial translation) 
 
(907/1992) 
 
Section 1 – Registration applications 
 (1)  Registration applications must be signed by  the applicant or his/her representative and must 
include: 
1) the applicant's name, domicile and address and, if the applicant is represented by an agent, 
the agent's name, domicile and address; 2) information on the variety's origin and the r esults of tests carried out with the variety; 
3) a temporary proposal for a variety denomination 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 priority right is  applied for in accordance with section 10 below 
and on where and when any previous app lications have been submitted; and 
6) information prescribed in section 10 of the Act on Plant Variety Rights (789/1992). 
(2)  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 applicant has sole right, a certificate from the National Board of Patents and Registration stati ng that the trademark 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 notificati on stating that he /she is prepared to give up 
his/her right to use such a trademark. 
(3)  The application, including its appendices, mu st be drawn up in Finnish, Swedish, Norwegian, 
Danish or English.  
Section 2 – Register of applications  
(1)  The Plant Variety Board maintains a register  of all plant variety registration applications 
submitted to it. (2)  The Plant Variety Board enters on the appli cation the application's diary number and the date 
on which the application has been submitted to the Board. 
(3)  The following entries must be made in the register: 
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 ag ent, the name, domicile and address of the agent; 
6) the breeder's name and address; 
7) if a priority right has been requested, info rmation on the state in which the application 
concerning the same variety has been made  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 Bo ard and on its propagation; 
9) information on the documents submitte d to the Board and the payments made; 
10) any decisions made in the matter; 11) any delays in processing of the matter cau sed by previous applications; a corresponding 
entry must be made in the register where th e previous application has been entered; and IP/N/1/FIN/P/17 
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  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 publication containing data on plant variety rights registrations as 
provided in the Act on Plant Variety Rights and the Decree issued under it. 
 Section 4 – Publishing registration applications  
(1)  If a registration application meets the requi rements, the Board publishes the application. 
(2)  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; 5) the proposed final or temporary variety denomination; 
6) the date on which the application w as 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 da te 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  
(1)  If, after a registration application has been  published in accordance with section 4, a proposal 
is made to amend the variety denomination, the Plant Variety Board publishes the proposal. 
(2)  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 denomination 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  
(1)  If a claim is made against a registration app lication or a proposal for a variety denomination, 
grounds for the claim must be given. (2)  If an agent is used in filing the claim, th e agent must present a proxy given by the claimant. 
 
Section 7 – Processing in the Board 
(1)  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. (2)  The Plant Variety Board may request expe rt opinions on issues related to the processing. 
(3)  Anyone who applies for plant variety registrati on in Finland in respect of which a registration 
application has previously been made in another st ate is required to explain to the Board what this 
other country's authorities have found on th e basis of the application made there. 
 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 applicant 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;  IP/N/1/FIN/P/17 
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  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 which such a previous application concerning this variety has been made, including the date of application. 
 
Section 9 – Entries concerning assignment of plant variety rights and licences and certain other 
entries to be made in the plant variety register 
(1) 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 th e register concerning the payment of the annual fee. 
(2)  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 party entitled to a licence so 
requests, the register must also include inform ation on whether and how the variety holder's rights 
have been restricted in the licence. (3)  If an appealing party so requests, the regist er 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. 
(4)  On request, distraint and confiscations imposed  on plant variety rights must also be entered in 
the register, as well as notifications on changing agents. (5)  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 priority right referred to  in section 12 of the Act on Plant Variety Rights, the 
following is required: 
1) a priority right is specifically requested on application; 2) copies of a previous application and relate d 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 original ly 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 cance lled, 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 from 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 prescribed period, if a court declar es the 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 Board decision has gained legal force. 
 Section 12 – Notifications to the National Board of Patents and Registration 
If an applicant has appended to his/her applicati on an explanation or notification as referred to in 
section 1(2)(2), the Plant Variety Board notifies the National Board of Patents and Registration of this 
and the registered variety denomination as soon as the decision on the registration of the plant variety has gained legal force.  IP/N/1/FIN/P/17 
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  Section 13 – Notifications to licence holders 
If a variety holder announces that he/she gives up his/her plant variety rights and a licence concerning 
such a plant variety has been ente red 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 the registration of plan t variety rights or refusals of applications, the 
plant variety registration date, the register number,  the application's diary 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 decisi ons that have gained legal force concerning 
removal of the plant variety from the plant variety re gister, 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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