À propos de la propriété intellectuelle Formation en propriété intellectuelle Respect de la propriété intellectuelle Sensibilisation à la propriété intellectuelle La propriété intellectuelle pour… Propriété intellectuelle et… Propriété intellectuelle et… Information relative aux brevets et à la technologie Information en matière de marques Information en matière de dessins et modèles industriels Information en matière d’indications géographiques Information en matière de protection des obtentions végétales (UPOV) Lois, traités et jugements dans le domaine de la propriété intellectuelle Ressources relatives à la propriété intellectuelle Rapports sur la propriété intellectuelle Protection des brevets Protection des marques Protection des dessins et modèles industriels Protection des indications géographiques Protection des obtentions végétales (UPOV) Règlement extrajudiciaire des litiges Solutions opérationnelles à l’intention des offices de propriété intellectuelle Paiement de services de propriété intellectuelle Décisions et négociations Coopération en matière de développement Appui à l’innovation Partenariats public-privé Outils et services en matière d’intelligence artificielle L’Organisation Travailler avec nous Responsabilité Brevets Marques Dessins et modèles industriels Indications géographiques Droit d’auteur Secrets d’affaires Académie de l’OMPI Ateliers et séminaires Application des droits de propriété intellectuelle WIPO ALERT Sensibilisation Journée mondiale de la propriété intellectuelle Magazine de l’OMPI Études de cas et exemples de réussite Actualités dans le domaine de la propriété intellectuelle Prix de l’OMPI Entreprises Universités Peuples autochtones Instances judiciaires Ressources génétiques, savoirs traditionnels et expressions culturelles traditionnelles Économie Financement Actifs incorporels Égalité des genres Santé mondiale Changement climatique Politique en matière de concurrence Objectifs de développement durable Technologies de pointe Applications mobiles Sport Tourisme PATENTSCOPE Analyse de brevets Classification internationale des brevets Programme ARDI – Recherche pour l’innovation Programme ASPI – Information spécialisée en matière de brevets Base de données mondiale sur les marques Madrid Monitor Base de données Article 6ter Express Classification de Nice Classification de Vienne Base de données mondiale sur les dessins et modèles Bulletin des dessins et modèles internationaux Base de données Hague Express Classification de Locarno Base de données Lisbon Express Base de données mondiale sur les marques relative aux indications géographiques Base de données PLUTO sur les variétés végétales Base de données GENIE Traités administrés par l’OMPI WIPO Lex – lois, traités et jugements en matière de propriété intellectuelle Normes de l’OMPI Statistiques de propriété intellectuelle WIPO Pearl (Terminologie) Publications de l’OMPI Profils nationaux Centre de connaissances de l’OMPI Série de rapports de l’OMPI consacrés aux tendances technologiques Indice mondial de l’innovation Rapport sur la propriété intellectuelle dans le monde PCT – Le système international des brevets ePCT Budapest – Le système international de dépôt des micro-organismes Madrid – Le système international des marques eMadrid Article 6ter (armoiries, drapeaux, emblèmes nationaux) La Haye – Le système international des dessins et modèles industriels eHague Lisbonne – Le système d’enregistrement international des indications géographiques eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Médiation Arbitrage Procédure d’expertise Litiges relatifs aux noms de domaine Accès centralisé aux résultats de la recherche et de l’examen (WIPO CASE) Service d’accès numérique aux documents de priorité (DAS) WIPO Pay Compte courant auprès de l’OMPI Assemblées de l’OMPI Comités permanents Calendrier des réunions WIPO Webcast Documents officiels de l’OMPI Plan d’action de l’OMPI pour le développement Assistance technique Institutions de formation en matière de propriété intellectuelle Mesures d’appui concernant la COVID-19 Stratégies nationales de propriété intellectuelle Assistance en matière d’élaboration des politiques et de formulation de la législation Pôle de coopération Centres d’appui à la technologie et à l’innovation (CATI) Transfert de technologie Programme d’aide aux inventeurs WIPO GREEN Initiative PAT-INFORMED de l’OMPI Consortium pour des livres accessibles L’OMPI pour les créateurs WIPO Translate Speech-to-Text Assistant de classification États membres Observateurs Directeur général Activités par unité administrative Bureaux extérieurs Avis de vacance d’emploi Achats Résultats et budget Rapports financiers Audit et supervision
Arabic English Spanish French Russian Chinese
Lois Traités Jugements Recherche par ressort juridique

Règlement de 2000 sur les variétés végétales relatives aux semences fermières (S.I. n° 493/2000), Irlande

Retour
Version la plus récente dans WIPO Lex
Détails Détails Année de version 2000 Dates Entrée en vigueur: 15 décembre 2000 Émis: 15 décembre 2000 Type de texte Textes règlementaires Sujet Protection des obtentions végétales

Documents disponibles

Texte(s) principal(aux) Textes connexe(s)
Texte(s) princip(al)(aux) Texte(s) princip(al)(aux) Anglais Plant Varieties (Farm Saved Seed) Regulations, 2000 (S.I. No. 493/2000)        
 Plant Varieties (Proprietary Rights) (Amendment) Regulations, 2000 (S.I. No. 490 of 2000)

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

112

S.I. No. 493/2000 — Plant Varieties (Farm Saved Seed) Regulations, 2000

STATUTORY INSTRUMENTS.

S.I. No. 493 of 2000.

PLANT VARIETIES (FARM SAVED SEED) REGULATIONS, 2000.

S.I. No. 493 of 2000.

PLANT VARIETIES (FARM SAVED SEED) REGULATIONS, 2000.

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers

conferred on me by section 19(6) of the Plant Varieties (Proprietary Rights) (Amendment) Act

1998 ( No. 41 of 1998 ) (as adapted by the Agriculture and Food (Alteration of Name of

Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )), hereby make the

following regulations:

1. These Regulations may be cited as the Plant Varieties (Farm Saved Seed) Regulations, 2000.

2. In these Regulations—

“Act of 1998” means Plant Varieties (Proprietary Rights) (Amendment) Act, ( No. 41 of 1998 );

“farmer” means a person who uses a protected variety.

3. If the holder and the farmer do not reach agreement as regards remuneration for the

purposes of section 19(4) of the Act of 1998, then the level of remuneration is, by virtue of

these Regulations, fixed at 50 per cent of the sum charged for the licensed production of

propagating material of the lowest category qualified for official certification of the same variety

in the State.

4. A farmer or the service that he or she engages, may process the farm saved seed for

planting and may move the farm saved seed from the farm for the purposes of such processing

provided that:

(a) the identity of the farm saved seed is not lost, and

(b) if the farmer engages a service which is approved by the Minister.

5. If an order has been made pursuant to section 19(2) of the Act of 1998 in relation to a plant

variety, the Controller of Plant Breeders' rights, the farmer, the holder and the processor shall

provide information in respect of that plant variety in accordance with the Schedule to these

Regulations.

6. A farmer who contravenes these regulations shall be deemed to have infringed Plant

Breeders' rights pursuant to section 21 of the Act of 1998.

Schedule

Information by the farmer

1. The farmer shall, on request of the holder, be required to provide a statement of relevant

information to the holder. The following items shall be considered to be relevant:

(a) the name of the farmer, the place of his domicile and the address of his holding,

(b) the fact whether the farmer has made use of the product of the harvest belonging to one or

more varieties of the holder for planting in the field or fields of his holding,

(c) if the farmer has made such use, the amount of the product of the harvest belonging to the

variety or varieties concerned,

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

113

(d) under the same condition, the name and address of the person or persons who have

supplied a service of processing the relevant product of the harvest for him for planting,

(e) whether he has already used the variety concerned without payment of a remuneration,

and if so, since when.

2. The information under paragraph 1 (b), (c), (d), and (e) shall refer to the current marketing

year and to one or more of the three preceeding marketing years for which the farmer had not

previously provided relevant information on request made by the holder in accordance with the

provisions of paragraphs 3 or 4.

However, the first marketing year to which the information refers, shall not be earlier than the

one in which the first of such requests for information was made in respect of the variety or

varieties and the farmer concerned.

3. In his request, the holder shall specify his name and address, the variety or varieties in

respect of which he is interested in information, as well as the reference or references to the

relevant Plant Breeders, right or rights. If required by the farmer, the request shall be made in

writing, and evidence for holdership shall be provided. Without prejudice to the provisions of

paragraph 4, the request shall be made directly to the farmer concerned.

4. A request which has not been made directly to the farmer concerned, shall be acceptable to

the Minister, if it is sent to farmers through the following bodies or persons, with their prior

agreement respectively:

— organisations of farmers or co-operatives, concerning all farmers who are members of such

organisation or cooperative, or,

— processors, concerning all farmers to whom they have supplied a service of processing the

relevant product of the harvest for planting, in the current marketing year and in the three

preceding marketing years, starting in the marketing year as specified in paragraph 2,

— suppliers of licensed propagating material of varieties of the holder, concerning all farmers

to whom they have supplied such propagating material in the current marketing year and in the

three preceding marketing years, starting in the marketing year as specified in paragraph 2.

5. The organizations, co-operatives, processors or suppliers shall be authorised by the farmers

concerned to forward the required information to the holder.

Information by the processor

1. The details of the relevant information to be provided by the processor to the holder are—

(a) the name of the processor, the place of his domicile and the name and address registered

for his business;

(b) the fact whether the processor has supplied a service of processing the product of the

harvest belonging to one or more varieties of the holder for planting, where the variety or

varieties were declared or otherwise known to the processor;

(c) if the processor has supplied such service, the amount of the product of the harvest

belonging to the variety or varieties concerned, which has been processed for planting, by the

processor, and the total amount resulting from the processing;

(d) the dates and places of the processing referred to in (c); and

(e) the name and address of the person or persons to whom he has supplied the service of

processing referred to in (c), and the respective amounts.

2. The information under paragraph 1(b), (c), (d) and (e) shall refer to the current marketing

year and to one or more of the three preceding marketing years for which the farmer had not

previously provided relevant information on request made by the holder in accordance with the

provisions of paragraphs 3 or 4.

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

114

However, the first marketing year to which the information refers, shall not be earlier than the

one in which the first of such requests for information was made in respect of the variety or

varieties and the farmer concerned.

3. In his request, the holder shall specify his name and address, the variety or varieties in

respect of which he is interested in information as well as the reference or references to the

relevant Plant Breeders' right or rights. If required by the processor, the request shall be made

in writing, and evidence for holdership shall be provided. Without prejudice to the provisions of

paragraph 4, the request shall be made directly to the processor concerned.

4. A request which has not been made directly to the processor concerned, shall be acceptable

to the Minister if it is sent to processors through the following bodies or persons, with their

prior agreement respectively:

— organisations of processors which are established at national, regional or local level,

concerning all processors who are members of, or represented in, such organisation,

— farmers, concerning all processors who have supplied a service of processing the relevant

product of the harvest to them for planting, in the current marketing year and in the three

preceding marketing years, starting in the marketing year as specified in paragraph 2.

5. The organisations or farmers shall be authorised by the processors concerned to forward the

required information to the holder.

Information by the holder

1. The details of the information to be provided by the holder to the farmer, on request of the

farmer from whom the holder has claimed the payment of remuneration are:

— the amount charged for the licensed production of propagating material of the lowest

category qualified for official certification, of the same variety in the area in which the holding

of the farmer is located, or,

— if no licensed production of propagating material of the variety concerned has taken place in

the area in which the holding of the farmer is located, and if there is no uniform level of the

aforesaid amount throughout the Community, the amount which is normally included, for the

above purpose, in the price at which propagating material of the lowest category qualified for

official certification, of that variety is sold in that area, as well as the aforesaid amount charged

in the area in which that propagating material has been produced.

Information by an Official body

1. In this Schedule “Official body” means any or all of the following—

(a) the Minister for Agriculture, Food and Rural Development,

(b) the Controller of Plant Breeders' Rights,

(c) the Central Statistics Office,

(d) Teagasc, and

(e) the Plant Variety Development Office Limited.

2. A request for information on the actual use of material, by planting, of specific species or

varieties, or on the results of such use, which a holder addresses to an Official body, must be

made in writing. In this request, the holder shall specify his name and address, the variety or

varieties in respect of which he is interested in information and the type of information he

seeks. He also shall provide evidence for his holdership.

3. The Official body, may withhold the requested information if—

(a) that Official body is not involved in monitoring agricultural production,

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

115

(b) that Official body is prevented, either by the Laws of the European Communities or any

enactment or rule of law, from providing such information,

(c) the requested information is not available or is no longer available,

(d) such information cannot be obtained through the ordinary performance of the tasks of the

Official body,

(e) such information can only be obtained with additional burden or costs, or,

(f) such information relates specifically to material which does not belong to varieties of the

holder.

4. In providing the information, the official body shall not differentiate between holders. The

official body may provide the requested information in making copies available to the holder,

which have been produced from documents containing information additional to that relating to

material belonging to varieties of the holder, provided that it is ensured that any possibility to

identify individuals has been removed.

5. If the official body takes the decision to withhold the requested information, it shall inform

the requesting holder thereof in writing and indicate the reason for this decision.

GIVEN under my Official Seal, this 15th day of December, 2000.

JOE WALSH,

Minister for Agriculture, Food and Rural Development.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Regulation is to enable breeders of plant varieties to collect royalties on the

varieties they have bred and developed and which are used for farm saved seed. Until now,

there has been no provision for the collection of royalty payments on farm saved seed.

Under this Regulation, farmers retaining a portion of their harvest for re-sowing may be

required to pay the holder of a Plant Breeders' Right a royalty fee.

Small farmers (as described in council Regulation (EC) 2100/94 concerning Community Plant

Variety Rights) are exempt from the payment of royalties.

The plant species covered by these Regulations are Cereals, Fodder plants, Oil and Fibre plants

(excluding Flax) and Potatoes.

Texte(s) supplémentaire(s) Page de couverture d’une notification de l’OMC (3 texte(s)) Page de couverture d’une notification de l’OMC (3 texte(s)) Français Règlement de 2000 sur les variétés végétales relatives aux semences fermières (S.I. n° 493/2000) Espagnol Reglamento de 2000 sobre las Obtenciones Vegetales en Semilla de la Cosecha (S.I. N° 493/2000) Anglais Plant Varieties (Farm Saved Seed) Regulations, 2000 (S.I. No. 493/2000)
 Plant Varieties (Proprietary Rights) (Amendment) Regulations, 2000 (S.I. No. 490 of 2000)

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

112

S.I. No. 493/2000 — Plant Varieties (Farm Saved Seed) Regulations, 2000

STATUTORY INSTRUMENTS.

S.I. No. 493 of 2000.

PLANT VARIETIES (FARM SAVED SEED) REGULATIONS, 2000.

S.I. No. 493 of 2000.

PLANT VARIETIES (FARM SAVED SEED) REGULATIONS, 2000.

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers

conferred on me by section 19(6) of the Plant Varieties (Proprietary Rights) (Amendment) Act

1998 ( No. 41 of 1998 ) (as adapted by the Agriculture and Food (Alteration of Name of

Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )), hereby make the

following regulations:

1. These Regulations may be cited as the Plant Varieties (Farm Saved Seed) Regulations, 2000.

2. In these Regulations—

“Act of 1998” means Plant Varieties (Proprietary Rights) (Amendment) Act, ( No. 41 of 1998 );

“farmer” means a person who uses a protected variety.

3. If the holder and the farmer do not reach agreement as regards remuneration for the

purposes of section 19(4) of the Act of 1998, then the level of remuneration is, by virtue of

these Regulations, fixed at 50 per cent of the sum charged for the licensed production of

propagating material of the lowest category qualified for official certification of the same variety

in the State.

4. A farmer or the service that he or she engages, may process the farm saved seed for

planting and may move the farm saved seed from the farm for the purposes of such processing

provided that:

(a) the identity of the farm saved seed is not lost, and

(b) if the farmer engages a service which is approved by the Minister.

5. If an order has been made pursuant to section 19(2) of the Act of 1998 in relation to a plant

variety, the Controller of Plant Breeders' rights, the farmer, the holder and the processor shall

provide information in respect of that plant variety in accordance with the Schedule to these

Regulations.

6. A farmer who contravenes these regulations shall be deemed to have infringed Plant

Breeders' rights pursuant to section 21 of the Act of 1998.

Schedule

Information by the farmer

1. The farmer shall, on request of the holder, be required to provide a statement of relevant

information to the holder. The following items shall be considered to be relevant:

(a) the name of the farmer, the place of his domicile and the address of his holding,

(b) the fact whether the farmer has made use of the product of the harvest belonging to one or

more varieties of the holder for planting in the field or fields of his holding,

(c) if the farmer has made such use, the amount of the product of the harvest belonging to the

variety or varieties concerned,

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

113

(d) under the same condition, the name and address of the person or persons who have

supplied a service of processing the relevant product of the harvest for him for planting,

(e) whether he has already used the variety concerned without payment of a remuneration,

and if so, since when.

2. The information under paragraph 1 (b), (c), (d), and (e) shall refer to the current marketing

year and to one or more of the three preceeding marketing years for which the farmer had not

previously provided relevant information on request made by the holder in accordance with the

provisions of paragraphs 3 or 4.

However, the first marketing year to which the information refers, shall not be earlier than the

one in which the first of such requests for information was made in respect of the variety or

varieties and the farmer concerned.

3. In his request, the holder shall specify his name and address, the variety or varieties in

respect of which he is interested in information, as well as the reference or references to the

relevant Plant Breeders, right or rights. If required by the farmer, the request shall be made in

writing, and evidence for holdership shall be provided. Without prejudice to the provisions of

paragraph 4, the request shall be made directly to the farmer concerned.

4. A request which has not been made directly to the farmer concerned, shall be acceptable to

the Minister, if it is sent to farmers through the following bodies or persons, with their prior

agreement respectively:

— organisations of farmers or co-operatives, concerning all farmers who are members of such

organisation or cooperative, or,

— processors, concerning all farmers to whom they have supplied a service of processing the

relevant product of the harvest for planting, in the current marketing year and in the three

preceding marketing years, starting in the marketing year as specified in paragraph 2,

— suppliers of licensed propagating material of varieties of the holder, concerning all farmers

to whom they have supplied such propagating material in the current marketing year and in the

three preceding marketing years, starting in the marketing year as specified in paragraph 2.

5. The organizations, co-operatives, processors or suppliers shall be authorised by the farmers

concerned to forward the required information to the holder.

Information by the processor

1. The details of the relevant information to be provided by the processor to the holder are—

(a) the name of the processor, the place of his domicile and the name and address registered

for his business;

(b) the fact whether the processor has supplied a service of processing the product of the

harvest belonging to one or more varieties of the holder for planting, where the variety or

varieties were declared or otherwise known to the processor;

(c) if the processor has supplied such service, the amount of the product of the harvest

belonging to the variety or varieties concerned, which has been processed for planting, by the

processor, and the total amount resulting from the processing;

(d) the dates and places of the processing referred to in (c); and

(e) the name and address of the person or persons to whom he has supplied the service of

processing referred to in (c), and the respective amounts.

2. The information under paragraph 1(b), (c), (d) and (e) shall refer to the current marketing

year and to one or more of the three preceding marketing years for which the farmer had not

previously provided relevant information on request made by the holder in accordance with the

provisions of paragraphs 3 or 4.

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012

114

However, the first marketing year to which the information refers, shall not be earlier than the

one in which the first of such requests for information was made in respect of the variety or

varieties and the farmer concerned.

3. In his request, the holder shall specify his name and address, the variety or varieties in

respect of which he is interested in information as well as the reference or references to the

relevant Plant Breeders' right or rights. If required by the processor, the request shall be made

in writing, and evidence for holdership shall be provided. Without prejudice to the provisions of

paragraph 4, the request shall be made directly to the processor concerned.

4. A request which has not been made directly to the processor concerned, shall be acceptable

to the Minister if it is sent to processors through the following bodies or persons, with their

prior agreement respectively:

— organisations of processors which are established at national, regional or local level,

concerning all processors who are members of, or represented in, such organisation,

— farmers, concerning all processors who have supplied a service of processing the relevant

product of the harvest to them for planting, in the current marketing year and in the three

preceding marketing years, starting in the marketing year as specified in paragraph 2.

5. The organisations or farmers shall be authorised by the processors concerned to forward the

required information to the holder.

Information by the holder

1. The details of the information to be provided by the holder to the farmer, on request of the

farmer from whom the holder has claimed the payment of remuneration are:

— the amount charged for the licensed production of propagating material of the lowest

category qualified for official certification, of the same variety in the area in which the holding

of the farmer is located, or,

— if no licensed production of propagating material of the variety concerned has taken place in

the area in which the holding of the farmer is located, and if there is no uniform level of the

aforesaid amount throughout the Community, the amount which is normally included, for the

above purpose, in the price at which propagating material of the lowest category qualified for

official certification, of that variety is sold in that area, as well as the aforesaid amount charged

in the area in which that propagating material has been produced.

Information by an Official body

1. In this Schedule “Official body” means any or all of the following—

(a) the Minister for Agriculture, Food and Rural Development,

(b) the Controller of Plant Breeders' Rights,

(c) the Central Statistics Office,

(d) Teagasc, and

(e) the Plant Variety Development Office Limited.

2. A request for information on the actual use of material, by planting, of specific species or

varieties, or on the results of such use, which a holder addresses to an Official body, must be

made in writing. In this request, the holder shall specify his name and address, the variety or

varieties in respect of which he is interested in information and the type of information he

seeks. He also shall provide evidence for his holdership.

3. The Official body, may withhold the requested information if—

(a) that Official body is not involved in monitoring agricultural production,

No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

115

(b) that Official body is prevented, either by the Laws of the European Communities or any

enactment or rule of law, from providing such information,

(c) the requested information is not available or is no longer available,

(d) such information cannot be obtained through the ordinary performance of the tasks of the

Official body,

(e) such information can only be obtained with additional burden or costs, or,

(f) such information relates specifically to material which does not belong to varieties of the

holder.

4. In providing the information, the official body shall not differentiate between holders. The

official body may provide the requested information in making copies available to the holder,

which have been produced from documents containing information additional to that relating to

material belonging to varieties of the holder, provided that it is ensured that any possibility to

identify individuals has been removed.

5. If the official body takes the decision to withhold the requested information, it shall inform

the requesting holder thereof in writing and indicate the reason for this decision.

GIVEN under my Official Seal, this 15th day of December, 2000.

JOE WALSH,

Minister for Agriculture, Food and Rural Development.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Regulation is to enable breeders of plant varieties to collect royalties on the

varieties they have bred and developed and which are used for farm saved seed. Until now,

there has been no provision for the collection of royalty payments on farm saved seed.

Under this Regulation, farmers retaining a portion of their harvest for re-sowing may be

required to pay the holder of a Plant Breeders' Right a royalty fee.

Small farmers (as described in council Regulation (EC) 2100/94 concerning Community Plant

Variety Rights) are exempt from the payment of royalties.

The plant species covered by these Regulations are Cereals, Fodder plants, Oil and Fibre plants

(excluding Flax) and Potatoes.


Législation Met en application (2 texte(s)) Met en application (2 texte(s)) Référence du document de l'OMC
IP/N/1/IRL/57
IP/N/1/IRL/P/17
Aucune donnée disponible

N° WIPO Lex IE181