WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/P/7 
9 February 2007 
 (07-0605) 
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 Act on Plant Variety 
Rights 21.8.1992/789 as amended up to 2000/651 incl., no tified 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 de la Loi 21.8.1992/789 sur les droits 
afférents aux variétés végétales, modifiée jus qu'en 2000 (2000/651) inclusivement, notifiée par la 
Finlande 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 de la Ley s obre derechos relativos 
a las obtenciones vegetales N° 21.8.1992/789 y sus modificaciones hasta 2000 (2000/651) inclusive, notificado por Finlandia en virtud de  lo dispuesto en el párrafo 2 de l artículo 63 del 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/7 
Page 2  
 
  Act on Plant Variety Rights 21.8.1992/789 (Unofficial translation) 
 
(Amendments up to 2000/651 included; Am endments 2005/76 and 2005/306 not included ) 
  
Chapter 1 
General provisions 
 Section 1  – Plant variety rights 
 The breeder of a plant variety or anyone to wh om the breeder’s variety rights have been 
assigned (variety holder) may regi ster exclusive right to prof essional exploitation of the 
variety as provided in this Act.  Section 2  has been repealed (5.3.1999/238). 
 
 
Chapter 2 
Conditions for granting plant variety rights 
 Section 3  – Conditions concerning breeders 
 A breeder’s right to a plant variety may be granted to: 
 1) a person who has bred the variety in Finland; 
 2) a breeder who is a citizen of a member country of the international UPOV union founded 
to protect new plant varieties, here inafter referred to as ‘the union’; 
 3) a breeder with registered offices within  the territory of a union member country; 
 4) a breeder who is a citizen of a member  country of the World Trade Organization, 
hereinafter referred to as ‘the organization’;  5) a breeder who has registered offices with in the territory of an organization member 
country;  6) anyone to whom the right gr anted in accordance with para graphs 1-5 has been assigned. 
(238/1999)  What is provided above in subsection 1 also ap plies to applicants for plant variety rights who 
have discovered a variety and developed it furthe r, including those to whom their rights have 
been assigned. (238/1999)  Section 4  – Conditions concerning varieties 
 Plant variety rights may only be granted for a variety: 
  IP/N/1/FIN/P/7 
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  1) that can be clearly dis tinguished from other varieties which have become commonly 
known before submission of the application or, if  a priority right has been requested for the 
application prior to this date, before the date as  of which a priority ri ght is requested for the 
application; (238/1999)  2) that is sufficiently uniform; and  3) whose essential characteristics are stable when propagated in the manner proposed by the 
breeder.  Section 5  – Novelty requirement 
 Plant variety rights may be gran ted if propagated of harvested ma terial of the variety has not 
been sold or otherwise disposed of to others, by or with the consent of  the variety holder, for 
purposes of exploitation of  the variety: (238/1999) 
 1) in this country earlier than one year before the application has been filed or, if a priority right has been requested for the application, earlie r than one year before the date as of which 
a priority right is requested for the application; (238/1999) 
 2) abroad earlier than six years before the appl ication has been filed or in the case of a vine, 
fruit tree, forest tree, ornamental  tree or their rootstock; or 
 3) abroad earlier than four years before the application is filed if the plant in question is other than those referred to  in paragraph 2. 
 
 
Chapter 3 
Scope of protection 
 Section 6  – Protection provided by plan t variety rights (238/1999) 
 Without the variety holder’s cons ent, no party other th an the holder of the variety is allowed 
to:  1) produce propagating materi al for the variety;  
 2) condition the variety’s propagating material the purpose of propagation;  
 3) offer the variety’s propag ating material for sale;  
 
4) sell or otherwise market th e variety’s propagating material;  
 5) export the variety’s propagati ng material from Finland;  
 6) import the variety’s propagati ng material to Finland; and  
 7) stock the variety’s prop agating material for any of the purposes listed above. IP/N/1/FIN/P/7 
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If the variety holder has not had reasonable opport unity to exercise his/her rights in relation 
to the propagating material, the acts referred  to in subsection 1 in respect of harvested 
material of the protected variety, including en tire plants and parts of plants, require the 
authorization of th e variety holder. 
 Section 6a  – Scope of plant va riety rights (238/1999) 
 The variety holder’s rights prescribed  above in section 6 also apply to: 
 1) plants that are not clearly disti nguishable from regi stered varieties; 
 2) varieties which are essentially  derived from the protected vari ety (derived varieties), where 
the protected variety is not itself an  essentially derived variety; and 
 3) varieties that can be produced only by repe ated use of a protected variety (hybrids). 
 Section 6b  – Exceptions to plant variety rights (238/1999) 
 Plant variety rights do not rest rict the use of a variety: 
 1) privately for other than commercial purposes; 
 2) for experimental purposes; or  3) for breeding or discovering and developing other varieties. 
 Subject to the conditions laid dow n in section 6c, farmers have th e right to sow the seed of a 
variety produced by them on their own farms.  Section 6c  – Right to grow a protected variety an d duty to pay remuneration for it (238/1999) 
 By paying a remuneration, farmers obtain the right  to use harvested crops of plants covered 
by the legal protection referred to in this Act,  not including hybrids, for propagation purposes 
on their own farms. This right applies only to cultivation of the varieties of the following 
plant species: oats, barley, rye, wheat, triticale,  rape, colza, seed fla x, pea, broad bean, potato 
and buckwheat.  The remuneration payable must be substantia lly lower than the royalty payable for the 
licensed production of propagati ng material. A contract may be made between the variety 
holder and the farmer or between organiza tions representing them on an equitable 
remuneration payable to the variety holder. Wher e such contract has been concluded or does 
not apply, the farmer has the dut y to pay to the variety holder a remuneration of 50 per cent 
of the sum payable for the license d production of propagating material. 
 Farmers who possess an arable area of less  than 10 hectares are entitled to use the 
propagating material of a protected variety in the manner referred to in paragraph 1 without 
paying remuneration. However, remuneration must be paid in the case of a protected potato  IP/N/1/FIN/P/7 
 Page 5 
 
 
  variety if the cultivation area of the variety is la rger than 2 hectares or  if the area of early 
potato cultivated unde r covering is larger  than 1 hectare. 
 Section 6d  – Duty to provide variety cultivation data (238/1999) 
 Farmers and those preparing propagating material are required to provide  on request any data 
required by the authorities and the variety hold er to establish the duty to pay remuneration. 
 Section 6e  – Exhaustion of plant variety rights (238/1999) 
 Plant variety rights do not extend to acts concer ning any material of protected varieties or 
plants referred to in section 6a , which has been sold or otherw ise marketed by the holder or 
with the holder’s consent in any state within the European free trade area unless such acts involve:  1) further propagation of the variety; or 
 2) an export of material of th e variety to a third country which does not protect the varieties 
of the plant genus or species to which the va riety belongs, except wher e the exported material 
is for final consumption purposes.  The material referred to in subsection 1 means, in relation to a variety: 
 1) propagating material of any kind;  2) harvested material from the va riety’s cultivation area, entire plants and parts of plants; and 
 3) any product made directly from the harvested material. 
 Section 7  – Ornamental plants 
 Plant variety rights also apply to seedlings of ornamental plants or plant parts that are usually 
used for purposes other than propagation if they are used commercially as propagating 
material for producing ornament al plants or cut flowers. 
 Section 8  has been repealed (5.3.1999/238) 
 
 
Chapter 4 
Registration application and its processing 
 
Section 9  – Registration authority 
 The registration authority is the Plant Variety Board, which maintains a plant variety register. 
 The Plant Variety Board is appointed by the Mini stry of Agriculture and Forestry. The Board 
comprises a chairman, a deputy chairman and a maximum of ten members. Each member has IP/N/1/FIN/P/7 
Page 6  
 
  a deputy. The Board is appointed for three year s at a time. Further provisions concerning the 
Board are issued by decree.  Section 10  – Registration application 
 Registration applications are made in writing to the registration authority.  The registration application must  explain how the new variety differs from other varieties and 
give the variety a denomination. Th e application must state the na me of the breeder. If a party 
other than the breeder of the variety applies fo r plant variety rights th e applicant must prove 
his/her right to the variety. The applicant must assure that the variety has not been offered for 
sale or marketed in a manner referred to  in section 5 prior to the application. 
 The applicant must pay a registration fee.  The date on which the application documents  are submitted to the authority and the 
registration fee is paid is register ed as the date of the application. 
 Section 11  – Variety denomination 
 It must be possible to distinguish a vari ety from other variet ies by its denomination. 
 The denomination of a variety must not be approved if it:  1) consists solely of figures , except where this is estab lished practice for designating 
varieties;  2) is liable to mislead the public;  3) is against the law, pub lic order or good practice; 
 4) may be confused with the denomination of a variety of a species in the same or closely 
related genus that has been en tered or been put up for entry in the official plant variety 
register or that is used from the pr opagating material of such a variety; 
 5) may be confused with a trademark, name, company name or other identification symbol for which a party other than the applicant has be en granted protection, so that this protection 
held by the other party would constitute an impediment to registration of a variety denomination as a trademark for the plant mate rial or similar product derived from the 
variety; or 
 
6) may be confused with a trademark of such plant variety material or  similar products on 
which the applicant has been granted protection. 
 Section 12  – Priority right period (238/1999) 
 If a variety holder has previously  applied for plant variety right s within the jurisdiction of a 
union member, the registration application, provi ded it is submitted within 12 months of  IP/N/1/FIN/P/7 
 Page 7 
 
 
  submission of the previous applic ation (priority right period), must, when so requested, be 
considered to have been submitted simultaneously here.  Section 13  – Remedying defects 
 If an applicant has not observe d the provisions concerning app lication or if the registration 
authority discovers other impediments to regist ration, a preliminary ruling must be issued to 
require the applicant to submit a statement or remedy the defect within a fixed time.  If the applicant does not submit a statement or take action to remedy the defect within the period fixed by preliminary ruling, the applicat ion must be dismissed. The preliminary ruling 
referred to above in subsection 1 must mention this consequence. 
 A dismissed application will be re-processed if the applicant so requests within a month of 
expiry of the period laid down by preliminary ru ling, and makes a statement or takes action to 
remedy the defect and pays a re-pro cessing fee within the same period. 
 Section 14  – Refusing applications 
 If, after the applicant has submitted a statement, there continues to be an impediment to approval of the application, the application must  be refused unless ther e is reason to issue a 
new preliminary ruling concerning the applicant.  Section 15  – Claim for a better right 
 If a third party should claim to the registration authority that it has a better right to a variety 
than the applicant and if the matter is unclear, the authority may issue a preliminary ruling admonishing the third party to institute court proceedings within a fixed period. If court 
proceedings are not instituted within the fixe d period, the claim is ignored, which must be 
mentioned in the preliminary ruling.  If a dispute over a better right to a variety is pending in court, the pr ocessing of a registration 
application can be suspended until  the matter is finally resolved. 
 Section 16  – Transferring applications 
 If a third party proves to the registration authority that it has a better right to a variety than the 
applicant, the registration author ity must, on the third party’s re quest, transfer the application 
to the third party. The transferee must  then pay a new registration fee. 
 
The application must not be left unprocessed, ap proved or cancelled until the transfer request 
has been finally resolved.  Section 17  – Publication of application 
 If an application meets the requirements, the registration authority mu st allow the public an 
opportunity to make claims concerni ng said application by publishing it. 
 IP/N/1/FIN/P/7 
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  Claims concerning applications must be subm itted to the registration authority in writing 
within the period set by the authority.  Section 18  – Examination of varieties 
 The registration authority must ensure that vari eties are examined unle ss, for special reasons, 
this is considered unnecessary. (238/1999)  Applicants must provide the examiner with th e necessary plant material and other necessary 
information.  Applicants requesting a priority right on the basis of an appli cation made in another country 
must submit the plant material and other necessa ry information within four years from the 
expiry of the priority period.  Section 19  – Decisions on applications 
 When the period reserved for the submissi on of claims has expired and necessary 
investigations have been carried  out concerning the variety in  question, the processing of the 
application continues and the registration authority makes a decision on registration of the 
variety.  Applicants must be reserved an opportunity to  make a statement on any objections made and 
on the investigation carried out.  Section 20 – Registration of plant variety rights 
 When a decision by the registration authority referre d to in section 19 ha s gained legal force, 
the variety in question must be entered in the plant variety register. Th e registration must be 
published. The applicant is given a certificate of registration. 
 Decisions to refuse applications must be pub lished after they have gained legal force. 
 
 
Chapter 5  
Duration of plant variety right s and using and amending vari ety denominations (238/1999) 
 Section 21  – Duration (238/1999) 
 Plant variety rights are in force as from the da te on which the registration authority makes the 
decision to include the variety in question in th e register. The right can be kept in force by 
making annual payments for 25 years, except in the case of potato, trees and vines, when the period is 30 years, as from the beginning of the year following the date of the decision. 
  IP/N/1/FIN/P/7 
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  Section 22  – Using variety denominations 
 When propagating material of a registered plan t variety is kept for sale, its registered 
denomination must be used even after the plant variety rights have expi red or otherwise been 
terminated.  A variety’s registered denomina tion or a denomination easily conf used with it must not be 
used for varieties of the same or closely rela ted species or for the propagating material of 
such a variety for as long as the variety denomination is registered. 
 Section 22a  – Cancelling and amending va riety denominations (238/1999) 
 The registration authority must cancel a registered variety denomination: 
 1) if the variety denomination has been re gistered contrary to  the provisions of 
this Act and an impediment to registration continues to exist; 
 2) if the holder so requests, pr esenting legal justification; or 
 3) if the holder or a third pa rty presents a court decision forbidding the use of a variety 
denomination.  The registration authority must notify holders of any claims to cancel their denominations 
and require holders to submit a new denominati on proposal within 30 days of having received 
notice of such a claim. If the variety is no longer protected, the re gistration authority may 
itself propose a new denomination.  Proposals for new denominations must be examin ed and published as provided in the Decree 
on Plant Variety Rights (907/1992). Following approval, the new denomination must be 
registered and published. The previous denomin ation must be cancelled at the same time. 
 
 
Chapter 6  
Licences, compulsory licences and entries in the register 
 Section 23  – Licences 
 If a variety holder has given an other party permission to use a registered variety (licence), 
this party may not assign this right to a third party without agreement. (238/1999) 
 
If a licence belongs to a company, it may be as signed to a third party in the context of a 
transfer of the company unless otherwise agreed.   Section 24 – Compulsory licences 
 If propagating material for a registered va riety is not produced for the market under 
reasonable terms and conditions and in suffici ent quantities relative to general food supply 
needs, a party wishing to exploit the variet y professionally in Finland may be granted a IP/N/1/FIN/P/7 
Page 10  
 
  compulsory licence to do so, provided there is no justification for the variety holder’s 
behaviour. A compulsory licence also entails the right to obtain necessary amounts of the 
variety’s propagating material  from the variety holder. 
 A compulsory licence may only be granted to pa rties considered to meet the conditions for 
exploiting the variety covered by plant va riety rights in an acceptable manner and in 
compliance with conditions laid down in the compulsory licence.  A compulsory licence does not prevent the vari ety holder from exercising his/her own rights 
or from granting licences.   Compulsory licences are granted by courts, which prescribe the extent of use of a registered 
variety and confirm relevant considerations a nd other conditions for the compulsory licence. 
A court of law may, if the variety holder so re quires, cancel a compulsory licence or confirm 
new conditions for it if essential ch anges in circumstances so demand. 
 Section 24 a  – Reciprocal compulsory licences (651/2000) 
 If the holder of a patent concerning a biotech nological invention cann ot exploit it without 
infringing a prior plant variet y right, the holder may apply fo r a compulsory licence for non-
exclusive use of the plant variety protected by that  right, subject to paym ent of an appropriate 
royalty. If such a licence is granted, the holder of the variety right will  be entitled to a cross-
licence on reasonable terms to use the protected invention. 
 Applicants for the licences referred to in su bsection 1 must demonstrate that they have 
applied unsuccessfully to the hol der of the patent or of the plant variety ri ght to obtain a 
contractual licence and that the invention constitutes significant technical progress of considerable economic interest compar ed with the protected plant variety. 
 Provisions on the plant breeder’s right to be granted a compulso ry licence for use of a patent-
protected invention are laid down in the Act on patents. (550/1967). 
 Section 25  – Register entries 
 When plant variety rights have been transferred or a licence has been granted to someone or 
assigned to a third party, this must be entered in the plant variety register on request. The 
same applies to pledging plant variety rights.  Granting of a compulsory licence is always 
entered in the register, however.   If it is shown that a licence, lien or compul sory licence has expired, the entry must be 
removed from the register. 
 A fee is charged for register entries.  The variety holder is considered to  be the party last entered in the register as variety holder. 
 
  IP/N/1/FIN/P/7 
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  Chapter 7  
Termination of plant variety rights 
 Section 26  – Waiving plant variety rights 
 A variety holder may waive his/her rights by submitting a written notification to the 
registration authority, in which case the authorit y will remove the variety from the register. 
 Plant variety rights are terminated  if an annual fee is not paid  within the prescribed period. 
 Section 27  – Annulment 
 A court must annul plant variet y rights if, on the date of the application or, if the variety 
holder has been granted a priority right as referred to in se ction 12, on the date of the priority 
right:  1) the conditions for distinctness or novelty of the variety were not met; 
 2) the conditions for uniformity or stability were not met, provided that registration of the 
variety was essentially based on data provided by the applicant; 
 3) European Community plant variety rights ha d been granted to th e plant variety; or 
 4) the person registered as va riety holder was not entitled to  holdership and it has not been 
demonstrated to the registration authority that so me party other than the applicant has a better 
right to the variety. (238/1999)  In matters concerning annulment of plant vari ety rights, the court mu st request an opinion 
from the registration authority.  In other matters related to plant variety ri ghts the court may obtai n an opinion from the 
registration authority if th ere is reason to do this. 
 Section 28  – Forfeiture (238/1999) 
 The registration authority may declar e a plant variety right forfeit if: 
 1) the variety holder is unable to produce propa gating material for the variety with identifying 
features corresponding to those of the registered variety; 
 
2) the variety holder, in  spite of having received  a request to that eff ect from the registration 
authority, does not provide propagating ma terial, documents and other information 
concerning the variety which are needed to en sure that the variety is being maintained 
appropriately, or the variety hol der does not allow inspection of the measures carried out to 
maintain the variety; or  3) the variety denomination has been cancelled after the rights have been granted and the 
variety holder does not propose an a cceptable new variety denomination. IP/N/1/FIN/P/7 
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Chapter 8  
Private law protection 
 Section 29  – Prevention of infringement 
 If someone infringes an exclusive right acq uired through plant vari ety rights a court may 
forbid continuation or repetition of the act.  Section 30  – Declaratory action 
 A variety holder or a party who is entitled under a licence or compulsory licence to exploit a 
plant variety protected under pl ant variety rights may initiate declaratory action concerning 
whether he/she is entitled to protection fr om another party under the plant variety rights 
granted if the matter is unclear and causes him/her harm.  Anyone who exploits or intends to exploit a plant variety prot ected on the basis of plant 
variety rights may, on the same conditions, initia te declaratory action against the holder of the 
plant variety rights concerning wh ether said plant variety rights constitute an impediment to 
said activity.  Section 31  – Damages 
 Anyone who intentionally or through negligen ce infringes plant variety rights or the 
provisions of section 22 on using variety deno minations is liable to pay remuneration for 
exploiting the variety and compensation for othe r damage caused by the infringement. If the 
negligence is minor, compensation for the damages can be adjusted.  If infringement of plant variety rights or  the provisions of sec tion 22 on using variety 
denominations is not intentional or caused by ne gligence, the infringing party is liable to pay 
compensation only to a reasonable amount.  Compensation for damages may not be claime d for a period longer than five years 
immediately prior to the institution of proceed ings based on infringement of plant variety 
rights or the provisions of secti on 22 on using variety denominations. 
 If plant variety rights have been annulled by a court decision that has gained legal force, 
compensation for damages cannot be claimed.  
What is provided in the Tort Liability Act (4 12/1974) also applies, as appropriate, to the 
compensation prescribed in this section.  Section 31 a  – Farmers’ liability in  certain cases (238/1999) 
 Farmers who neglect the duty prescribed in s ection 6c are liable to pay compensation. The 
amount of the compensation is determined in accordance with the European Community 
provisions on plant variety rights.  IP/N/1/FIN/P/7 
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Section 32  – Returning plant variety material 
 On the institution of proceedings by a party su ffering from infringement , a court may, within 
reasonable limits, prescribe that the plant variet y material infringed must be surrendered to 
the injured party against payment. The above doe s not apply to parties who have obtained the 
plant material or a special right thereto in good faith and have not themselves committed any 
infringement of plant variety rights.  The plant material referred to in subsection 1 above may be confiscated  if the injured party 
files a claim demanding surrender of the plant va riety material in accordance with chapter 7 
of the Execution Act.  Section 33  – Temporary protection 
 If, after submitting an application as referred to in section 10, a party other than the applicant 
exploits professionally a variet y for which plant variety rights have been applied for, 
provisions concerning infringeme nt of plant variety rights must  be applied co rrespondingly if 
such rights are consequently granted.  Punishments referred to in chapter 9 of this Act cannot be ordered for action taking place after submission of an application as referred to  in section 10 that infringes the plant variety 
rights but has taken place before the plant va riety rights are granted. Damages that have 
arisen before publication of the application referred to in section 17 can only be ordered 
payable under section 31(2). (721/1995) 
 If a claim for damages is filed within a year of the registration of pl ant variety rights, the 
provision in section 31(3) does not apply. 
 
 
Chapter 9  
Penal provisions 
 Section 34  – Infringement of plan t variety rights (721/1995) 
 Anyone who intentionally infringe s the exclusive right prescribed  in sections 6, 7 or 8 must 
be ordered to pay a fine for infr ingement of plant variety rights. 
 A public prosecutor may not bring charges for in fringement of plant variety rights unless the 
injured party institutes proceedings. 
 
Section 34 a  – Failure to comply with the duty to provide variety cultivation data 
(238/1999)  Farmers and conditioners of propagating material who intentionally or through negligence fail to fulfil their duty as provide d in section 6d must be ordered to pay a fine for failure to 
comply with the duty to provi de variety cultivation data. 
 IP/N/1/FIN/P/7 
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  Section 35  – Misuse of variety denominations 
 Anyone who intentionally or th rough negligence violates th e provisions of section 22 on 
using variety denominations must be ordere d to pay a fine for misuse of a variety 
denomination unless the violation is minor. 
 
 
Chapter 10  
Miscellaneous provisions 
 Section 36  – Using representative agents 
 If an applicant for or a holde r of plant variety rights has no  domicile in Finland, the holder 
must have a resident agent in Finland with au thorization to represent the applicant in all 
matters related to plant variety rights.  Section 37  – Appeal 
 An applicant for or a holder of plant variety rights may appeal a final decision made by the 
registration authority on plant variety rights if the decision is  against him/her. A claimant 
may appeal a decision approving an applicati on in spite of an appr opriately filed claim 
against it. If the claimant wit hdraws his/her appeal, the issue can neverthe less be investigated 
should special cause exist.  Applicants may appeal decisions approving requests to transfer applications as referred to in 
section 16. Claimants can appeal decisi ons refusing claims for transferral. 
 Decisions made by registration authorities are ap pealed to the Supreme Administrative Court. 
Appeals must be filed within 60 days of having received notification of the decision. 
 Section 38  – Legal venue 
 The court of jurisdiction in cases handled unde r this Act is the Helsinki City Court. 
 Section 39  – Fees 
 The fees prescribed in this Act must be equiva lent to the total costs incurred by the State in 
providing the service (cos t value). The registration fee and the annual fee can, however, be 
determined in such a way that the total amount ch arged is an estimated e quivalent of the total 
cost incurred by the State in maintaining the register. 
 
A fee of the same amount may be charged for similar services provide d by the Plant Variety 
Board even when the costs incurred by the St ate in providing the service differ. When 
determining the amount of such a fixed fee, the average overall costs of the services must be 
taken into account.   IP/N/1/FIN/P/7 
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  For reasons of international agre ements, trade policy or various practices, a fee that is higher 
or lower than the cost value or the fee calcu lated in accordance with subsection 1, sentence 2, 
may be ordered to be charged or a fee may be waived completely. 
 In other respects, what is provided in the Ac t on the Charge Criteria of the State (150/1992) 
applies to fees.  Section 40  – Further provisions 
 Further provisions on the implementation of th is Act will be issued by decree. The Plant 
Variety Board may issue detailed provisions on registration applications  and their processing. 
 Section 41  – Entry into force 
 This Act enters into force on 15  October, 1992. However, sectio n 8(2)(1) enters into force on 
a date to be prescribed by decree.  Measures necessary for the implementation of this Act may be undertaken before the Act’s 
entry into force. 
 
(Transitional provisions not included) 
__________