@article{21393, note = {Recd 22/04/97; Table of Contents : Introduction; Text of the model law and commentary; Part one. Purpose and scope of the law : Article 1 : Purpose of the law and definitions; Article 2 : Scope of the law; Article 3 : Nationality, place of residence or registered office; Article 4 : Procedural representative; Part two. Substantive law : Chapter 1. Conditions for the grant of a breeder's right : Article 5 : Conditions of protection; Article 6 : Novelty; Article 7 : Distinctness; Article 8 : Uniformity; Article 9 : Stability; Chapter 2. Persons entitled : Article 10 : Principles; Article 11 : Presumption of title; Article 12 : Judicial assignment of the application for a breeder's right or of the breeder's right; Chapter 3. The right of the holder : Article 13 : Scope of the breeder's right; Article 14 : Exceptions to the breeder's right; Article 15 : Exhaustion of the breeder's right; Article 16 : Measures regulating commerce; Article 17 : Duration of the breeder's right : provisional protection; Chapter 4. The breeder's right as an item of property : Article 18 : Transfer of ownership; Chapter 5. Exploitation licenses : Article 19 : Contractual licenses; Article 20 : Compulsory licenses; Chapter 6. Lapse of the breeder's right : Article 21 : Premature termination; Article 22 : Nullity; Article 23 : Cancellation; Article 24 : Publication of the lapse; Part 3. Organization and procedure : Chapter 1. Organization, competence and general rules of procedure : Article 25 : Plant breeder's rights Council; Article 26 : Plant breeder's rights Office; Article 27 : Right to be heard by the Office; Article 28 : Appeals; Article 29 : Registers; Preservation of files; Article 30 : Gazette; Article 31 : Fees; Article 32 : Restitutio in integrum; Chapter 2. The application : Article 33 : Form and content of the application; Article 34 : Priority; Chapter 3. Processing of the application : Article 35 : Examination as to formal requirements; filing date; Article 36 : Examination of the application as to substance; Article 37 : Technical examination of the variety; Article 38 : Information, documents and material required for the examination; Article 39 : Publication of the applications; objections to the grant of the breeder's right; Article 40 : Consideration of objections; Article 41 : Grant of the breeder's right; Rejection of the application; Chapter 4. Variety denomination : Article 42 : Purpose of the denomination and signs that may constitute a denomination; Article 43 : Grounds for refusal; Article 44 : Registration procedure; Article 45 : Cancellation of a denomination and registration of a new denomination; Chapter 5. Keeping the breeder's right in force : Article 46 : Annual fee; Article 47 : Maintenance of the variety; Article 48 : Verification of the maintenance of the variety; Article 49 : Supply of samples; Part 4. Enforcement : Article 50 : Civil remedies; Article 51 : Criminal penalties; Article 52 : Offenses in relation to variety denominations; Part 5. Final and transitional provisions : Article 53 : Regulations; Article 54 : Cooperation in examination; Article 55 : Amendment of other provisions; Article 56 : Protection of known varieties; Article 57 : Entry into force; Annex. The concept of essentially derived variety;.}, url = {http://tind.wipo.int/record/21393}, title = {Model law on the protection of new varieties of plants.}, abstract = {Text of the model law and commentary; Purpose and scope of the law; Scope of the law; Nationality place of residence or registered office; Procedural representative; Substantive law; Conditions for the grant; Of a breeders right; Conditions of protection; Novelty; Distinctness; Uniformity; Stability; Persons entitled; Judicial assignment of the application for a breeders right or of the breeder right; The rights of the holder; Scope of the breeders right; The breeders right as anitem of property; Exploitation licenses; Lapse of the breeder's right; Organization and procedure; Organization, competence and general rules of procedure; The aplication; Processing of the application; Variety denomination; Keeping the breeder's right in force; Enforcement; Final and transitional provisions.}, recid = {21393}, pages = {150 pages ;}, }