WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/EST/P/2
11 September 2000
(00-3514)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ESTONIA
The present document reproduces the text1 of the Plant Variety Rights Act, as notified by
Estonia under Article 63.2 of the Agreement (see document IP/N/1/EST/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ESTONIE
Le présent document contient le texte
1 de la Loi concernant les droits sur les obtentions
végétales, notifiée par l'Estonie au titre de l'articl e 63:2 de l'Accord (voir le document IP/N/1/EST/1).
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
ESTONIA
En el presente documento se reproduce el texto1 de la Ley de Derechos sobre las Obtenciones
Vegetales, notificado por Estonia en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/EST/1).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/EST/P/2
Page 2
IP/N/1/EST/P/2
Page 2
Plant Variety Rights Act
Passed 25 March 1998
(RT* I 1998, 36/37, 553),
entered into force 1 July 1998,
amended by the following Act:
19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56.
Chapter 1
General Part
§ 1. Scope of app lication of Act
(1) This Act provides the legal regulation of a pplications for plant variety rights and the
grant of plant variety rights, and ensures the rights of holders of plant variety rights.
(2) This Act applies to varieties of all pl ant genera and species, including hybrids
between genera or species.
§ 2. Variety and essentially derived variety
(1) “Variety” means a plant grouping within a single botanical taxon of the lowest known
rank which is defined by the expression of the characteristics resulting from a given genotype
or combination of genotypes, is distinguished from other plant groupings by the expression of
at least one of the said characteristics and is considered as a unit with regard to its suitability
for being propagated unchanged. Such plant groupi ng is deemed to be a variety irrespective
of whether the conditions for the grant of a plant variety right are fulfilled or not.
(2) A plant grouping consists of entire plants  or parts of plants (hereinafter variety
constituents) which are capable of producing en tire plants with the same characteristics.
(3) A variety is deemed to be essentia lly derived from another variety if it is
predominantly derived from the initial variety or a variety that is itself predominantly derived
from the initial variety, it is clearly distinguis hable from the initial variety, and, except for the
differences which result from the act of deriva tion, conforms to the initial variety in theIP/N/1/EST/P/2
Page 3
expression of the essential characteristics that result from the genotype or combination of
genotypes of the initial variety.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(4) Essentially derived varieties may be obtained by the selecti on of a mutant or a variant
individual of the initial variety, by back-crossing, transformation by genetic engineering,
somatic cloning, or other such method.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 3. Conditions for grant of plant variety right
(1) A plant variety right shall be granted if a variety is:
1) new;
2) distinct;
3) uniform;
4) stable; and
5) has a suitable denomination.
(2) (Repealed - 19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56).
§ 4. Novelty
(1) A variety is deemed to be new if, on the date of filing an application for the plant
variety right with the registrar, the seed, propagating material, variety constituents or plant
material of the variety have not been sold or  otherwise disposed of to others, by or with
consent of the owner, for the purposes of ex ploitation of the variety for longer than:
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
1) one year in the territory of Estonia;
2) four years in the territory of another state or, in the case of trees and grapevine, for
longer than six years.
(2) The conditions for novelty of a variet y are deemed not to be violated if:
1) the variety is sold or used for produc tion without the knowledge of the owner in
violation of the owner’s rights;
2) the variety is sold for the purpose of transf er of the right of ownership in the variety;
3) the owner of the variety enters into an agreement for the production of seeds or
propagating material of the variety for the owne r’s own use, and the variety has not been sold
or used for the production of seeds or pr opagating material for other varieties;IP/N/1/EST/P/2
Page 4
4) the variety is used under an agreement in fi eld trials, laboratory tr ials or small-scale
processing trials with a view to evaluating the variety;
5) the variety is used in national agricultura l value and use tests for the purpose of entry
into the official list of plant varieties (hereinafter Variety List );
6) the variety is used in trials connected to  the evaluation of resi stance to plant diseases
and pests;
7) the variety is displayed at an official exhibition or described in an exhibition
catalogue;
8) the plant material produced or harvested in the course of the activities listed in clauses
3), 4) or 5) of this subsection is sold as a by-product without variety identification.
§ 5. Distinctness of variety and known variety
(1) A variety is deemed to be distinct if it is clearly distinguishable by reference to the
expression of the characteristics that results from a particular genotype or combination of
genotypes from any other variety whose existe nce is a matter of common knowledge at the
time of filing of an application.
(2) A variety is deemed to be a matter of  common knowledge from the date of filing an
application for the plant variety right or for entry in the Variety List , provided that after the
submission of the application the plant variety right is granted or the variety is entered in the
Variety List . All varieties which have  been described in print materials, are used in
production, sold or have been described in offici al catalogues are also deemed to be a matter
of common knowledge.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 6. Uniformity of variety
A variety is deemed to be uniform if, subject to the variation that may be expected from the
particular features of its pr opagation, it is sufficiently uniform in the expression of those
characteristics which are included in the examination for distinctness, as well as of any others
used for the variety description.
§ 7. Stability of varietyIP/N/1/EST/P/2
Page 5
A variety is deemed to be stable if its relevant characteristics remain unchanged after
repeated propagation or, in the case of a partic ular cycle of propagation, at the end of each
such cycle.
Chapter 2
State Plant Varieties Register
§ 8. Establishment and organisation of activities of plant variety rights register
(1) The register of protected varieties (hereinafter plant variety rights register) is a state
register which is established pursuant to the Databases Act (RT I 1997, 28, 423) on the basis
of an application of the Minister of Agricultu re and which contains da ta on applications for
plant variety rights, protected va rieties, holders of plant vari ety rights, breeders of protected
varieties and issued licences.
(2) The chief processor of the plant variety rights register is the Minister of Agriculture,
and the authorised processor of the register (hereinafter registrar) is the Plant Production
Inspectorate. The expenses of the plant variety rights register are covered from the budget of
the Ministry of Agriculture.
§ 9. Maintenance of plant variety rights register and state fees for register entries
(1) The plant varieties rights register is maintained, entries are made in the register and
data from the register are retained pursuant to this Act, the Databases Act and the statutes of
the plant variety rights register.
(2) State fees shall be paid for the making of register entries specified in this Act in the
amount and pursuant to the procedure provide d for in the State Fees Act (RT I 1997, 80,
1344; 86, 1461; 87, 1466 and 1467; 93, 1563; 1998, 2, 47; 4, 63; 23, 321).
(3) Persons shall provide documentary eviden ce of payment of state fees before the
making of corresponding register entries. The st ate fee for each year of the term of a plant
variety right shall be paid by 31 December of the previous year and the documents certifying
payment of the fee shall be submitted to the registrar by 31 January.
§ 10. Data entered in plant variety rights register
(1) The plant variety rights register is maintained as a register of applications for plant
variety rights and of plant variety rights.IP/N/1/EST/P/2
Page 6
(2) The following is entered in the register with respect to an application for a plant
variety right:
1) the application for the plant variety right and the date of filing the application;
2) the name and address of th e applicant for the plant variety right and, if necessary, a
document certifying the legal succession of the applicant;
3) the identification of the botanical ta xon, that is, the Latin and common names;
4) the denomination proposed for the variety and the breeder’s reference;
5) the name or names and addr esses of the breeder or breeders of the variety and the
percentage of their participation in the breedin g of the variety. The names and addresses of an
authorised representative or representatives;
6) the names and addresses of the owner or ow ners of the variety, and the percentage of
their shares if the variety is in common owne rship. The names and addr esses of an authorised
representative or representatives;
7) a technical description of the variety;
8) the date of priority;
9) information on acts related to the processing  of the application for the plant variety
right, including information on termination thereof, along with certification that the
information provided by the applicant is true.
(3)  The following is entered in the register with respect to a plant variety right:
1) the variety denomination;
2) the identification of the botanical ta xon, that is, the Latin and common names;
3) the official description of the variety;
4) a reference of components of the variety if other varieties have to be used repeatedly
for the production of propagating material;
5) the names and addresses of the holder of the plant variety right, breeders and the
names and addresses of their authorised representatives;
6) the date of grant of the plant variety right, and data relating to the term, termination or
extinguishment of the plant variety right;
7) information on persons holding a licence with a reference to the type of licence.
(4) A description of an initial variety and of a variety essentially derived therefrom is
registered in the register of protected varieties, as are the variety denominations, names of
holders of plant variety rights and breeders at the request of the holders of the plant variety
rights or the breeders, or at the request of one of them with the consent of the others, or on theIP/N/1/EST/P/2
Page 7
basis of a court order which includes a decision on identification of the varieties as an initial
variety and an essentially derived variety.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 11. Access to information registered in plant variety rights register
(1) The following is released to pers ons at their request by the registrar:
1) data relating to applications for plant variety rights;
2) data relating to technical examinations;
3) data relating to plant variety rights.
(2) If the propagating material or constituents of another variety are used for the
production of the propagating material of a vari ety, the information specified in subsection
(1) of this section are not released to other pers ons at the request of the applicant for the plant
variety right. Such information may be rele ased on the basis of a court ruling or court
judgment, and to state agencies for the performance of duties arising from the statutes.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(3) (Repealed - 19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(3) Access to information pertaining to the techniques used for breeding a variety and the
proportional relationships of com ponents used for production of an essentially derived variety
provided in the official description of a variety registered in the plant variety rights register is
restricted. Such information is released to state authorities for the performance of duties
arising from their statutes and to other persons on the basis of a court ruling or court order.
§ 12. Publication of information entere d in plant variety rights register
(1) The registrar publishes an official publi cation wherein the following information is
published:
1) applications for plant variety ri ghts received by the registrar;
2) denominations proposed for varieties;
3) denominations of protected varieties;
4) rejected applications for plant variety rights;
5) decisions on premature termination, nullif ication or cancellation of plant variety
rights;
6) information concerning extinguishment of plant variety rights;
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)IP/N/1/EST/P/2
Page 8
7) information on applicants for plant variety rights, holders of plant variety rights and
breeders, on the percentages of their shares, and on their representatives;
8) licences issued for the exploitation of varieties with reference to the type of licence;
9) new denominations proposed  for protected varieties;
10) other official notices.
(2) The registrar shall publish the publication specified in subsection (1) of this section
regularly according to the receipt of information subject to publication but not less than once
every four months.
§ 13. Preservation of data entered in register
The registrar shall preserve all registered data and the documents which were the bases for
registration thereof for five years from the date of denial of an application for a plant variety
right, or of premature termination, revocati on, cancellation or extinguishment of a plant
variety right.
Chapter 3
Application for Plant Variety Right
§ 14. Persons entitled to apply for plant variety rights
(1) A natural person or a legal person who is the breeder or owner of a variety has a right
to apply for the plant variety right. If the breeder and owner of a variety are not the same
person, the owner of the variety has the right to apply.
(2) The breeder of a variety is a natural person or a group of persons who has bred or
identified the variety by using different breeding techniques.
(3) The owner of a variety is the person who has acquired the proprietary rights attached
to the variety on a legal basis. A breeder of a va riety may also be the owner of the variety. If
a variety is bred by a breeder in an employ ment or service relationship or on order, the
employer or the customer is deemed  to be the owner of the variety.
(4) If the breeder and owner of a variety are not the same person, the non-proprietary
rights attached to the variety belong to the breeder of the variety and the proprietary rights
attached to the variety belong to owner of the variety.
§ 15. Contestation of right to submit application for plant variety rightIP/N/1/EST/P/2
Page 9
(1) If an application for a plant variety right is submitted by a person or persons who are
not lawfully entitled thereto, an interested person has, regardless of whether the person has or
has not previously filed an objection, the righ t of recourse to the courts to have the
application for the plant variety right denied or  to annul the rights arising therefrom, or to
transfer the rights to the person who has the right to apply for the plant variety right,
regardless of whether the va riety is protected or not.
(2) An interested person may request transfer of the rights arising from a plant variety
right within five years after the date of publication of the notice concerning the grant of the
plant variety right.
§ 16. Conditions for applicati on for plant variety right
(1) If there are several owners of a variety, they shall submit a joint application for a plant
variety right with an indication of the percentage of the share of each owner.
(2) If a variety is bred in an employment or service relationship or on order, notarised
copies of documents proving such relationship or fulfilment of such order shall be appended
to the application.
(3) Foreign legal persons and citizens of foreign states shall submit an application
through a representative. An Estonian citizen, a person who holds a permanent residence
permit in Estonia or a legal person registered in Estonia may be a representative.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(4) If an applicant is the legal successor of a breeder or owner, a notarised copy of the
document proving legal succession or, in the ca se of a legal person in private law, a copy
issued by the registrar, shall be appended to the application.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 17. Application for plant variety right
(1) An application for a plant variety right shall be submitted to the registrar in Estonian
in two copies, of which one is retained by the registrar and the other is returned to the
applicant for the plant variety right after regist ration of the application. A separate application
shall be submitted for the grant of a plant variety right for each variety.
(2) The formal and substantive requirements fo r applications for pl ant variety rights are
established by a regulation of the Minister of Agriculture.IP/N/1/EST/P/2
Page 10
(3) Documents certifying payment of the state fee shall be appended to an application for
a plant variety right.
(4) An applicant for a plant variety right is  responsible for the correctness of the
information contained in the applic ation for the plant variety right.
§ 18. Priority
(1) Priority for the grant of protection of a variety shall be determined by the date of
receipt of an application for a plant variety right by the registrar. If several applications for
the grant of a plant variety right for the same variety are received on one day, priority shall be
determined according to the order in which they are received. Provisional protection of a
variety commences from the date of priority.
(2) At the request of an applicant for a plant variety right, priority may be determined
based on the date of application for a plant variety right in a foreign state if the applicant for
the plant variety right applied for protection of the same variety in another state before
submission of the application for the plant vari ety right, not more than one year has passed
from the date of registration in the foreign state, and the person submits to the registrar a copy
of the application for a plant variety right registered in a foreign state with a translation in
Estonian within three months after the date of receipt of the application for the plant variety
right by the registrar.
(3) (Repealed - 19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
Chapter 4
Processing of Applications, Tec hnical Examinations and Objections
§ 19. Preliminary processi ng of application
(1) The preliminary processing of an application for a plant variety right shall be carried
out by the registrar within one month after re gistration of the applic ation, and includes the
determination of priority, and the examinati on of the existence and conformity of required
documents.
(2) During preliminary processing, the registrar has the right to request additional
documents and materials from an applicant for a plant variety right. Such documents and
materials shall be submitted by an applicant for a plant variety right within one month after
receipt of a request.IP/N/1/EST/P/2
Page 11
(3) If an applicant for a plant variety right does not submit the requested documents or
materials during the term prescribed, the registrar shall make a reasoned decision to deny the
application for a plant variety right, of which the applicant for the plant variety right shall be
notified in writing.(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 20. Official processing
(1) Determination of a priority date, and ascertainment of the existence and conformity of
necessary documents is followed by the official processing of an application for a plant
variety right and the conduct of a state technica l examination of the variety, of which the
applicant for the plant variety right shall be notified in writing.
(2) In the course of the official processing of  an application for a plant variety right, the
registrar determines whether:
1) the variety is new, and
2) the person applying for the plant variety right is so entitled.
(3) If in the course of official processing it is ascertained that a variety does not comply
with the conditions for the grant of a plant variety right provided for in this Act, the registrar
shall make a reasoned decision to deny the applic ation for a plant variety right, of which the
applicant for the plant variety right shall be notified in writing.
§ 21. Technical examination
(1) The technical examinati on of a variety determines:
1) whether it belongs to the botanical  taxon stated in an application;
2) its distinctness;
3) its uniformity; and
4) its stability.
(2) Technical examination shall be carried out  in a place and during a time prescribed by
the registrar.
(3) The procedure for technical examinations  is established by a regulation of the
Minister of Agriculture.
(4) The registrar may decline to carry out the technical examination of a variety if the
distinctness, uniformity and stability of the variety have been determined previously by aIP/N/1/EST/P/2
Page 12
technical examination by a corresponding national agency of a foreign state, and an official
description and report on the results of th e examination of the variety are available.
§ 22. Documents and materials requi red for technical examinations
(1) An applicant for a plant variety right is required to submit the documents and seeds or
propagating material necessary for a technical examination to the conductor of the technical
examination.
(2) The conductor of a technical examination determines where, with what quality and in
what quantity the seeds or propagating material of  the variety specified in an application for a
plant variety right, and of reference varieties which may be requested, are to be submitted by
the applicant for a plant variety right for the technical examination.
(3) Upon failure to fulfil or unsatisfactory fu lfilment of the obligations provided for in
subsections (1) and (2) of this section wit hout good reason the conductor of the technical
examination may deem the examination to be  a failure. Upon the failure of a technical
examination, the registrar shall make a reasoned decision to deny  the application for a plant
variety right, of which the applicant for the plant variety right shall be notified in writing.
§ 23. Organisers, expenses and re sults of technical examinations
(1) Technical examinations are organised by  the Plant Production Inspectorate, state
agencies or legal persons authorised by the Mi nistry of Agriculture for this purpose and state
authorities of foreign states engaged in the protection of varieties. Authorised state agencies
or legal persons and state authorities of foreign states engaged in the protection of varieties
may conduct technical examinations  pursuant to agreements entered into with the registrar
and under the state supervision of the registra r. Such examination offices are required to
conduct technical examinations in accordance w ith established guidelines for technical
examinations.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(2) No state fee is charged for a technical examination. Expens es related directly to the
organisation of a technical exa mination by the Plant Production Inspectorate shall be paid by
the applicant for the plant variety right on the basis of an invoice submitted to the applicant.
Direct expenses shall be subs tantiated by expense receipts, the copies of which shall be
submitted to the applicant for the plant variety right together with the invoice.IP/N/1/EST/P/2
Page 13
(3) A technical examination conducted by an au thorised state agency or legal person or in
a foreign state shall be paid for by the applicant for the plant variety right on the basis of an
invoice submitted to the applicant.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)(4) If the results of a technical examination show that a variety meets the requirements
established in this Act for distinctness, uniformity and stability, the registrar shall compile an
official description of the va riety on the basis of the results of the technical examination.
(5) If a variety does not meet the requirements for distinctness, uniformity and stability,
the registrar shall make a reasoned decision to refuse to grant a plant variety right with
respect to the variety, of which the applicant shall be notified in writing.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 24. Filing of objections
(1) Interested persons may file an objection to  an application for a plant variety right
within six months after publication of the app lication for the plant variety right. Objections
may be filed with regard to:
1) novelty,
2) distinctness,
3) uniformity or
4) stability of a variety; or
5) the right to apply for the plant variety right.
(2) An objection shall be filed with the registrar in writing with documents substantiating
the objection appended thereto. An objection remains in force until it is withdrawn. An
objection may be withdrawn at any time by the person who files it. The registrar shall notify
the applicant for the plant variety right of the filing and withdrawal of objections in writing.
(3) A person who files an objection has th e right to obtain documents and seeds or
propagating material from the registrar, the c onductor of the technical examination or the
applicant for the plant variety right in order to prove the facts presented in the objection of
the person.
§ 25. Preparation for review of objection
(1) Within three months after receipt of an objection or within a longer term agreed to
with the registrar, an applicant for a plant variety right shall present the applicant’s positionIP/N/1/EST/P/2
Page 14
concerning the objection and give notice whethe r the applicant wishes to maintain, amend or
withdraw the application.
(2) If an applicant for a plant variety right does not respond to an objection within the
prescribed term, the applicant’s application for the plant variety right is deemed to have beenwithdrawn.
(3) If an applicant for a plant variety right wishes to maintain, amend or withdraw the
application for the plant variety right, the registrar shall notify the person who filed the
objection of the action of the applicant and se nd the position of the applicant with regard to
the objection to the objector, and, if needed, the amendments made to the application for the
plant variety right. On the basis of such info rmation, the objector shall give notice within one
month as to whether the objector wishes to maintain or withdraw the objection.
§ 26. Review of objections
(1) An objection filed with regard to the novelty of a variety or the rights of an applicant
and which is maintained shall be reviewed separately from the processing of the application
for the plant variety right. If an objection is filed with regard to the distinctness, uniformity or
stability of a variety, a new technical examin ation may be conducted pursuant to a precept of
the registrar.
(2) The conditions for conduct of a new tec hnical examination and the procedure for
ascertainment or refutation of facts presented in  an objection are established by the registrar.
(3) The hearing of an objection is organised by  the registrar and all persons interested in
the ruling may participate personally or through a representative. A reference to the decision
adopted at the hearing of an objection shall be  made in the decision made by the registrar
concerning the grant or refusal to grant the plant variety right.
Chapter 5
Variety Denomination
§ 27. Variety denomination
(1) A proposal for a variety denomination sha ll be submitted to the registrar for approval
in an application for a plant variety right.
(2) In the case of a known variety, the variety denomination designated earlier shall be
proposed in an application for a plant variety right.IP/N/1/EST/P/2
Page 15
(3) If an applicant applies for a plant variety right simultaneously in Estonia and in one or
several foreign states with respect to the same variety, the applicant for the plant variety right
shall propose the same variety denomination.
(4) After the grant of a plant variety right, persons who exploit, offer for sale or sell a
variety shall use the variety only under its approved variety denomination.
(5) After a plant variety right extinguishes, the variety shall continue to be used under the
approved variety denomination.
§ 28. Requirements for variety denomination
(1) A variety denomination may consist of word s or figures, or of a combination of letters
and figures provided that the denomination allows the variety to be identified and is in
accordance with good morals.
(2) In addition to the requirements provided for in subsection (1) of this section, a variety
denomination shall:
1) clearly differ from variet y denominations used for othe r known varieties of the same
or a closely related botanical taxon;
2) be clearly distinguishable from relevant officially registered trade marks, trade names
and business names registered in the commercial register;
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
3) be linguistically suitable.
(3) A variety denomination shall not:
1) consist of signs or indications whic h are used in the production of seeds or
propagating material and which designate a specific product, quality, quantity, intended
purpose, or place or time of production;
2) cause confusion or mislead as to the characteristics, value or geographical origin of
the variety, or as to the use of the name  of the breeder or owner of the variety.
§ 29. Grounds for refusal of proposed variety denomination
A denomination proposed in an application fo r a plant variety right shall be declared
unsuitable by the registrar if the denominati on does not meet the requirements provided for in
§ 28 of this Act.
§ 30. Objections to proposed variety denominationIP/N/1/EST/P/2
Page 16
(1) Interested persons may file an objection to the registration of a published
denomination proposed for a variety within three months after the date of publication of the
proposed variety denomination in the official pub lication of the registrar. An objection shall
be filed in writing together with the reasons therefor.(2) The applicant for a plant variety right and persons who file objecti ons shall be notified
of all objections filed against a proposed vari ety denomination and of the reasoned decisions
made by the registrar concerning such objecti ons within one month after the date on which
such decisions are made.
§ 31. Examination of variety denomination, proposal for new denomination and registration
of variety denomination
(1) The registrar examines the conformity of  variety denominations to the requirements
provided for in this Act by making inquiries  to corresponding databases in Estonia and
foreign states. Applicants for plant variety rights  are notified of the results of such inquiries.
(2) If the registrar ascertains that a denomina tion proposed for a variety does not meet the
requirements provided for in this Act, the applicant for the plant variety right shall make a
new proposal within thirty days. The new de nomination proposed for the variety shall be
examined according to subsection (1) of this section.
(3) If a new denomination proposed for a variety by an applicant for a plant variety right
does not meet the requirements provided for in this  Act, the registrar has the right to issue a
precept to submit a proposal in conformity with th e requirements. If an applicant for a plant
variety right fails to propose a suitable vari ety denomination, the registrar shall make a
reasoned decision to deny the application for th e plant variety right, of which the applicant
for the plant variety right shall be notified in writing.
(4) Variety denominations which meet the requirements arising from this Act shall be
approved by the registrar and entered in the plant variety rights register.
§ 32. Change of variety denomination
(1) A change of a variety denomination approved  by the registrar and entered in the plant
variety rights register is commenced:
1) on the decision of the registrar if after a pproval of the variety denomination and entry
thereof in the plant variety rights register it becomes evident that the variety denomination
does not meet the requirement s provided for in this Act;IP/N/1/EST/P/2
Page 17
2) at the request of the holder of the plant variety right, if the holder adduces a valid
reason for changing the variety denomination;
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
3) at the request of the registrar, holder of  the plant variety right or other interested
person and on the basis of a court or der which has entered into force.
(2) A change of a variety denomination is effected according to the requirements and
procedure provided for approval of variety denomin ations in this Act. A change of a variety
denomination enters into force on the date of entry of the change in the plant variety rights
register.
Chapter 6
Application of Plant Variety Rights
§ 33. Grant of plant variety right
(1) A plant variety right is granted with respect to a variety by a decision of the registrar
if the requirements for varietie s provided by this Act and legi slation established on the basis
thereof, the conditions for application for a plant variety right and the requirements and
obligations for applicants for a plant variety right are complied with.
(2) On the date of making a decision to grant a plant variety right, the registrar shall make
a corresponding register entry in the plant variet y rights register and shall notify the applicant
for the plant variety right of the grant of the plant variety right in writing.
§ 34. Certificate of plant variety right
(1) At the request of a holder of a plant vari ety right entered in the plant variety rights
register, the registrar shall issue a plant variety right certificate to the holder which is valid
during the term of the plant variety right.
(2) The formal and substantive requirements for plant variety right certificates are
established by a regulation of the Minister of Agriculture.
§ 35. Refusal to grant plant variety right
(1) The registrar shall refuse to grant a plant variety right and deny an application for a
plant variety right upon non-compliance with an y requirement or obligation provided for in
this Act or legislation established on the basis thereof.IP/N/1/EST/P/2
Page 18
(2) An entry concerning denial of an applica tion for a plant variety right is made in the
plant variety rights register. Provisional protection of the variety is deemed to cease as of the
date of such entry.
§ 36. Term of plant variety right a nd provisional protection of variety
(1) The term of a plant variety right entered in the plant variety rights register is twenty-
five years or, in the case of varieties of tree and grapevine species, thirty years, after the date
of the grant of the right and of making the entry in the plant variety rights register.
(2) The registrar has the right to extend the term of a plant variety right by up to five
years by a decision of the registrar on the basis of a written application submitted by the
holder of the plant variety right before expi ry of the term of the plant variety right.
(3) Provisional protection of a variety applie s to a variety with respect to which an
application for a plant variety right has been submitted to the registrar, according to all the
principles of plant variety rights provided by  this Act, during the period from the date of
submission of an application for the plant variety right to the registrar up to the denial of the
application for the plant variety right or the grant of the plant variety right.
§ 37. Basic rights of holder of plant variety right
(1) With respect to seeds or propagating materi al of a protected variety, the holder of the
plant variety right has the right to:
1) produce or reproduce (multiply) the seeds or propagating material for the purposes of
sale;
2) condition the seeds or propagating ma terial for the purpose of propagation;
3) offer for sale;
4) sell or transfer in any other way;
5) export
6) import;
7) stock for any of the purposes specified in  clauses 1) to 6) of this subsection.
(2) The holder of a plant variety right has the right to issue licences to other persons for
the performance of acts specified in clauses (1) 1) to 7) of this section.
§ 38. Nature of plant variety rightIP/N/1/EST/P/2
Page 19
(1) Any person who wishes to carry out the acts listed in clauses 37 (1) 1) to 7) of this
Act with the seeds or propagating material of a protected variety shall obtain a licence
therefor from the holder of the plant variety right.
(2) (Repealed - 19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)(3) The seeds, propagating material or plant material of a protected variety offered for
commercial purposes by the holder of the plan t variety right or on the basis of a licence
issued by the holder of the plant variety right may be used for any purpose except for further
multiplication or export into a foreign state where the varieties of such genera or species are
not protected. Such export restri ctions are not applied if the plant material of the protected
variety is exported for final consumption purposes.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 39. Scope of plant variety right
(1) Clauses 37 (1) 1)–7) of this Act apply al so to the production of seeds or propagating
material of specific species of a protected variety for the purpose of repeated reproduction
(multiplication) for one’s own use. The procedure for application and the list of species are
established by a regulation of the Minister of Agriculture.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(2) Clauses 37 (1) 1)–7) of this Act apply to harvested material which is produced by
using the seeds or propagating material of a pr otected variety except if the holder of the plant
variety right did not use the holder’s rights with  respect to the seeds and propagating material.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(3) Clauses 37 (1) 1)–7) of this  Act also apply to varieties:
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
1) which are essentially derived from a protected variety if the protected variety is not an
essentially derived variety;
2) which are not clearly distinguishable from the protected variety according to
subsection 5 (1) of this Act;
3) where the protected variety is used repeatedly for production of the seeds or
propagating material of the variety.
§ 40. Use of protected variety without licenceIP/N/1/EST/P/2
Page 20
A protected variety may be used  without a licence issued by th e holder of the plant variety
right:
1) in scientific research and in official trials conducted for the purposes of comparison;
2) as parental material for the purpose of breeding new varieties;
3) privately, and for non-profit purposes.
§ 41. Transfer of rights
(1) The holder of a plant variety right may transfer the proprietary rights attached to the
variety to another person who shall be deemed to  be the legal successor of the holder of the
plant variety right with respect to the rights transferred. The rights of a holder of a plant
variety right who is a natural person transfer to his or her successor.
(2) Third persons do not have the right to c ontest the right to apply for a plant variety
right, the right to an application already submitted, provisional protection of a variety, the
transfer of the rights of a holder of a plant variety right or a change in a share before the
corresponding entry is made in th e plant variety rights register.
§ 42. Registration of new holder
(1) Legal successors and successors shall register transfers of rights and changes in shares
in the plant variety rights register. The documents submitted to the registrar which prove a
transfer of rights or a change in shares shall be notarised.
(2) The registrar shall make a decision con cerning amendment of information entered in
the plant variety rights register on the basis of an application and documents submitted, and
enter the new information in the plant variety rights register within one month after
submission of such documents.
(3) Any act connected with the transfer of the right to apply for a plant variety right,
transfer of the rights of a holder of a plant vari ety right or a change in shares is not binding on
third persons or subject to performance before  amendment of the entry in the plant variety
rights register.
Chapter 7
Licences
§ 43. Issue of licence on basis of licence agreement and validity of licenceIP/N/1/EST/P/2
Page 21
(1) A holder of a plant variety right, that is, a licensor, has the right to grant the right of
exploitation of a protected variety belonging to the holder to another person, that is, a
licensee, on the basis of a licence agreement entered into by the parties for a specified term or
unspecified term and for a li cence fee or without charge.
(2) If a protected variety has several licensors, a licence may be issued only with the
written consent of all licensors. Licence fees paid on the basis of a licence agreement shall be
divided among the licensors according to their sh ares as registered in the plant variety rights
register unless otherwise agreed by the licensors.
(3) The term of a licence issued by a licensor arises from the licence agreement. If a
licence agreement is for an unspecified term, the licence is deemed to be issued for the term
of the plant variety right.
§ 44. Rights of licensor in issue of licence
(1) A licensor has the right to grant the right:
1) to exploit a protected variety on the basis of an exclusive licence only to one licensee;
2) to exploit a protected variety on the ba sis of non-exclusive licenses to several
licensees, or
3) to transfer the right to exploit a protected variety on the basis of sublicences to one or
several licensees.
(2) A licensor has the right to issue several different licences to the same person.
(3) The issue of any type of licence does not deprive the licensor of the basic rights
belonging to the licensor on the basis of subsection 37 (1) of this Act.
§ 45. Requirements for licence agreements
(1) A licence agreement shall be entered into in writing.
(2) A licence agreement shall set out the following:
1) information on the parties to the agreement;
2) the denomination and description of the variety to be exploited;
3) the extent, purpose and method of  exploitation of the variety;
4) the territory of exploitation of the variety;
5) the starting date and expiry date of the licence;
6) the type of licence and a description of the rights being transferred;
7) possible restrictions to third persons  in the exploitation of the variety;IP/N/1/EST/P/2
Page 22
8) the licence fee to be paid by the licensee, and the term and procedure for payment
thereof;
9) liability of parties upon failu re to perform or unsatisfactory performance of a
contractual obligation;10) other terms agreed to by the parties.
§ 46. Registration and disclosure of licence agreements
(1) A licensor shall submit a licence agreement to the registrar for registration in the plant
variety rights register. The registrar shall register valid licence agreements in the plant variety
rights register within ten days after submission thereof.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(2) Parties have the right to request publication of a licence agreement by the registrar. A
licence agreement is published in the official publication of the registrar if so requested by at
least one of the parties to the licence agreement.
§ 47. Compulsory licences
(1) A compulsory licence is a non-exclusive li cence which may be issued by a directive
of the Minister of Agriculture in the cases provi ded for in § 48 of this Act to one or several
persons who apply for a licence to  exploit a protected variety.
(2) Legislation on the basis of which a compulsory licence is issued shall include the
information provided for in clauses 45 (2) 1) to 8) of this Act.
(3) The licensor retains the right to issue licences during the term of a compulsory
licence.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
§ 48. Need for compulsory licence
A compulsory licence is issued if:
1) exploitation of a protected variety is  necessary in the public interest, and
2) the licensor has not exploited the variety or issued a licence to other persons for
exploitation of the protected variety during three years after the grant of the plant variety
right.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)IP/N/1/EST/P/2
Page 23
§ 49. Other conditions for compulsory licences
(1) A licence fee is prescribed upon the grant of a compulsory licence which is payable
by the licensee to the holder of the plant variety right. The licence fee shall be based on the
average licence fee applied for corresponding specie s. In the case of a compulsory licence for
exploitation of an essentially derived variety, payment of a fee to the holder of the initial
variety right shall also be prescribed.
(2) A licensor is required to sell seed or propagating material to a licensee in a quantity
necessary for reproduction (multiplication) of the variety for the usual price of a similar
variety.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(3)  A compulsory licence is issued for a term of two to four years. If one of the situations
provided for in § 48 of this Act continues to exist at the end of the term of a compulsory
licence, the Minister of Agriculture has the right to extend the term of the compulsory licence
by up to four years.
§ 50. Revocation of compulsory licence
A compulsory licence is revoked by the Mini ster of Agriculture on the proposal of the
registrar or the licensor if:
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
1) the licensee violates the terms of the compulsory licence;
2) the need for the licence ceases to exist.
§ 51. Registration and contesta tion of compulsory licences
(1) The issue, extension, expiry and revocati on of compulsory licences are registered in
the plant variety rights register.
(2) A licensor has the right to contest the issue of a compulsory licence or the terms
thereof in court.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
Chapter 8
Validity of Plant Variety Right
§ 52. Cancellation of plant variety rightIP/N/1/EST/P/2
Page 24
(1) The registrar shall suspend a plant variety right by a decision of the registrar if the
holder of the plant variety right:
1) fails to fulfil the obligation to maintain the variety;
2) fails to submit, during the specified term, information or documents concerningmaintenance of the variety, or seeds or propagating material of the variety for the exercise of
supervision;
3) fails to guarantee the uniformity and stability of the variety;
4) fails to propose a new denomination during the specified term.
(2) The registrar has the right to suspend a pl ant variety right if the holder of the plant
variety right is previously notified thereof in writing and a term for elimination of
deficiencies is specified. If the holder of the plant variety right fails to eliminate the
deficiencies during the specified term, the registrar shall make an entry in the plant variety
rights register concerning cancellation of the plant variety right on the basis of a decision of
the registrar. The plant variety right is suspe nded as of the date of making the corresponding
entry in the plant variety rights register, a nd the holder of the plant variety right shall be
notified thereof in writing.
(3) The holder of a plant variety right who fails to perform all the acts necessary for
elimination of deficiencies during the term spec ified by the registrar with good reason has the
right to apply to the registrar for extension of  the term. An application for extension of a
specified term shall be submitted in writing before expiry of the specified term.
(4) The registrar makes decisions to satisfy or deny applications submitted on the basis on
subsection (3) of this section. Upon satisfacti on of an application, the holder of the plant
variety right shall be notified in writing of the new term which shall commence on the date of
receipt of the corresponding notice and shall be  at least as long as the previous term.
§ 53. Premature termination of plant variety right
(1) A plant variety right is terminated prematurely:
1) on the basis of a written application submitted to the registrar by the holder of the
plant variety right;
2) on the decision of the registrar if the holder of the plant variety right fails to pay the
state fee to keep the plant variety right in force or fails to submit the documents certifying
payment of the state fee during the term provided for in § 9 of this Act.IP/N/1/EST/P/2
Page 25
(2) The date of termination of the plant vari ety right shall be indicated by the holder of
the plant variety right in an application specified in clause (1) 1) of this section; in the
absence of a date of termination, the plant vari ety right is deemed to expire on the date of
receipt of the application.
§ 54. Nullity of plant variety right
(1) The registrar shall make a decision to d eclare a plant variety right null and void on the
registrar’s own initiative or on the basis of an application of an interested person if after the
grant of the plant variety right it becomes evident and is proved that:
1) the variety did not meet the conditions for novelty and distinctness at the time priority
was determined for the plant variety right;
2) the variety was granted protection on the basis of documents and the results of a
technical examination conducted by  an appropriate agency of a foreign state submitted by the
applicant for the plant variety right and di d not meet the conditions for uniformity and
stability;
3) the plant variety right certificate was issued to a person who was not entitled to apply
for the plant variety right.
(2) The registrar shall make an entry concerning the nullity of a plant variety right in the
plant variety rights register, of which the holder of the plant variety right shall be notified in
writing. Upon declaring a plant variety right nu ll and void, it is deemed to be null and void
from inception.
§ 55. (Repealed - 19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)Chapter 9
Supervision, Maintenance of Vari ety and Resolution of Disputes
§ 56. Supervision
The registrar, through its officials (hereinafter supervisory officials), exercises state
supervision over compliance with the requirements and fulfilment of obligations arising from
this Act and legislation established on the basis thereof.
§ 57. Maintenance of varietyIP/N/1/EST/P/2
Page 26
(1) The holder of a plant variety right is required to guarantee maintenance of the
protected variety or its constituents for the whole term of the plant variety right.
(2) The registrar shall maintain official samples or samples of protected varieties. At the
request of and during the term specified by the registrar, the holder of a plant variety right is
required to provide the registrar with samples or constituents of the protected variety for the
purposes of:
1) renewing the official sample of the variety; or
2) conducting examinations  related to protection of the variety.
§ 58. Supervision over maintena nce of protected varieties
(1) The registrar exercises supervision over ma intenance of a protected variety during the
period of protection of the variety. Supervisi on over a protected variety means verification of
the variety identity and identity of its constituents on the basis of information and documents
submitted by the holder of the plant variety right pertaining to maintenance of the variety, and
on the basis of laboratory or post- control trials, or other field tr ials conducted with the seed or
propagating material of the protected variety.
(2) At the request of and during the term specifi ed by the registrar, the holder of a plant
variety right is required to submit to the registrar information and documents pertaining to
maintenance of the protected variety, and seed  or propagating material of the protected
variety.
(3) If it is established on the basis of the outcome of supervision that the characteristics of
plants grown from the seed or propagating material submitted by the holder of a protected
variety do not compare to the characteristics desc ribed in the official va riety description or to
the characteristics of plants grown from the official sample of the variety, the variety is
deemed to not have been maintained.
§ 59. Resolution of disputes
(1) Disputes arising upon the implementation of  this Act and legislation established on
the basis thereof are resolved in court. In order to achieve an extra-judicial resolution to a
dispute arising from a decision of  the registrar, any interested person has the right to file an
appeal with the Appeal Board established by a directive of the Minister of Agriculture. The
registrar does not have the right of recourse to a court or to file an appeal for review of the
conformity of a decision of the registrar with the law.IP/N/1/EST/P/2
Page 27
(2) The Appeal Board shall meet as required. The Appeal Board has the right to declare
the decisions of the registrar la wful or unlawful. If a decisi on of the registrar is declared
unlawful, the registrar is required to make a new decision.
(3) Any interested person has the right of recour se to a court in order to appeal a decision
of the registrar, regardless of the decision of the Appeal Board.
Chapter 10
Liability
§ 60. Bases for liability
(1) Natural persons are liable fo r violation of this Act and legislation established on the
basis thereof pursuant to the procedure provide d for in the Code of Administrative Offences
(RT 1992, 29, 396; RT I 1997, 66–68, 1109; 73, 1201; 81, 1361 and 1362; 86, 1459 and
1461; 87, 1466 and 1467; 93, 1561, 1563, 1564 and 1565; 1998, 2, 42; 17, 265; 23, 321) and
the Criminal Code (RT 1992, 20, 288; RT I 1997, 21/22, 353; 28, 423; 30, 472; 34, 535; 51,
824; 52, 833 and 834; 81, 1361; 86, 1461; 87, 1466, 1467 and 1468; 1998, 2, 42; 4, 62; 17,
265).
(2) Legal persons are liable pursuant to this Act.
§ 61. Persons with right to impose punishments and proceedings concerning administrative
offences by legal persons
(1) The Director General of the Plant Producti on Inspectorate, his or her deputy and state
inspectors have the right to prepare reports on administrative offences by legal persons and to
impose administrative punishments pursuant to  the Code of Administrative Offences.
(2)  The officials specified in subsection (1) of this section have the right to impose fines
of up to 25 000 kroons. Administrative court judges may impose fines in the amounts
prescribed in § 62 of this Act.
(3) Proceedings concerning administrative offences by legal persons are conducted
pursuant to the procedure provided for in th e Code of Administrative Offences unless
otherwise provided by this Act.
§ 62. Fines imposed on legal persons
If a legal person:IP/N/1/EST/P/2
Page 28
1) submits false information in an application for a plant variety right, a fine of up to 25
000 kroons is imposed;
2) violates the obligations regarding the use of variety denominations or unsatisfactorily
performs such obligations, a fine of up to 25 000 kroons is imposed;3) fails to fulfil the terms of a compulsory licence or unsatisfactorily performs such
terms, a fine of up to 50 000 kroons is imposed;
4) violates the obligation to provide samples or constituents or to submit information,
documents, seed or propagating material, or uns atisfactorily performs such obligations, a fine
of up to 35 000 kroons is imposed;
5) conducts a technical examination in violati on of the examination guidelines, a fine of
up to 75 000 kroons is imposed;
6) exploits a protected vari ety without a licence, a fine of up to 100 000 kroons is
imposed.
Chapter 11
Implementation of Act
§ 63. International co-operation
(1) The registrar has the right to co-operate within the limits of its competence with state
authorities of foreign states in the following areas:
1) exchange of information and documents pe rtaining to the protection of varieties;
2) testing of varieties;
3) verification of the identity of varieties and of maintenance of varieties.
(2) In connection with an application for a pl ant variety right or protection of a variety,
the registrar shall if necessary provide inform ation on varieties protected in Estonia to the
state authorities of foreign states at their request.
§ 64. Protection of known varieties
(1) Notwithstanding the provisions of §§ 3 and 4 of this Act, the registrar has the right to
grant a plant variety right with respect to a known variety on the condition that the
application for the plant variety right was s ubmitted not later than by 1 November 2000, and:
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)IP/N/1/EST/P/2
Page 29
1) the variety has been entered in the Variety List , the list of recommended varieties
pursuant to § 7 of the Seed and Plant Pr opagating Material Act (RT I 1998, 52/53, 771), the
common catalogue of the European Union or in a catalogue of a foreign state which co-
operates with Estonia in the area of plant variety protection;(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
2) the holder of the plant variety right has submitted an application for a plant variety
right in a foreign state which co-operates with Estonia in the area of plant variety protection
and the plant variety right has been granted in that state;
3) the registrar ascertains that the variety has ceased to be new for the purposes of this
Act, or that the variety has become known for any other reason which is not specified in this
Act.
(2) If a plant variety right is granted on the basi s of this section, the term of plant variety
right is calculated as of the date the variety became known in one of the ways specified in
clauses (1) 1)–3) of this section.
(19.01.2000 entered into force 01.03.2000 - RT I 2000, 10, 56)
(3) If a plant variety right is granted pursuant this section, the holder of the plant variety
right shall undertake in writing to issue licences with sufficient terms and to give consent to
extend such licences if necessary in order to allow for exploitation of the variety.
§ 65. Protection of varietie s with valid certificates
(1) Upon the entry into force of this Act, th e varieties for which a certificate was issued
by the Ministry of Agriculture of the former  Union of Soviet Socialist Republics or on the
basis of the Plant Variety Rights Act (RT I 1994, 23, 385; 1996, 49, 953) are deemed to be
known varieties as of the date  of issue of the certificate.
(2) Varieties where twenty five years have not passed from the issue of a certificate
specified in subsection (1) of this section or, in the case of varieties of tree and grapevine
species, thirty years, are deemed to be registered in the plant variety rights register with
respect to applications for the plant variety rights and provisional pr otection applies thereto
until the grant of a plant variety right on the bases of and pursuant to the procedure provided
for in this Act or until 31 December 2000.
§ 66. Varieties where processing of appli cation for plant variety right is pendingIP/N/1/EST/P/2
Page 30
(1) The processing of applications for plant variety rights which were submitted before
the entry into force of this Act and which are pending on the date of entry into force of this
Act shall be continued pur suant to the requirements provided for in this Act.
(2) Varieties without a plant variety right ce rtificate which are under state agricultural
value and use trials on the date of entry into force of this Act are subject to a grant of
protection pursuant to the require ments provided therefor in th is Act without applying the
requirement for novelty of a variety provided for in this Act.
§ 67. Right of ownership with respect to varieties bred out of state funds
(1) The Republic of Estonia is the owner of varieties which were bred using state funds
and granted protection before 1 July 1998.
(2) The state exercises and fulfils the rights  and obligations provided for in this Act
through the state agencies authorised by the Minister of Agriculture to administer varieties as
state assets.
[§§ 68–70 omitted] †
§ 71. Entry into force of Act
(1) This Act enters into force on 1 July 1998.
(2) The Plant Variety Rights Act (RT I 1994, 23, 385; 1996, 49, 953) is repealed.
* RT = Riigi Teataja = State Gazette
† The omitted sections amend other legislation.
__________