WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of IntellectuaI Property Rights IPINIIINORlP/4 
16 July 1996 
(96-2771) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Norway 
The present document reproduces 1 the Regulations Concerning Plant Breeder's Rights of 
6 August 1993, as amended, as notified by Norway under Article 63.2 of the Agreement (see document 
IP/N/l/NOR/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Norvege 
Le present document contient le texte du Reglement du 6 aout 1993 concemant les droits des 
obtenteurs de varietes vegetalesl, tel qu'il a ete modifie, notifie par la Norvege au titre de 1 'article 63:2 
de l' Accord (voir le document lP/NIl/NOR/I). 
ConseJo de Ios ASpectos de Ios Derechos de Propledad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
Noruega 
En el presente documento se reproduce! el Reglamento de 6 de agosto de 1993 sobre los derechos 
de los productores de obtenciones vegetales, modificado, que Noruega ha notificado en virtud del 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/NOR/l). 
lEnglish only/anglais seulement/ingles solamente. IP/N/1/NOR/P/4 
Page 2 
REGULATIONS 
Concerning the Plant Breeder's Right 
Laid down by the Royal Ministry of Agriculture on 6 August 1993, 
pursuant to Act No. 32 of 12 March 1993 relating to the Plant 
Breeder's Right and the Royal Decree of 14 May 1993, and amended 
on 6 February 1995. 
CHAPTER I 
GENERAL PROVISIONS 
Scope 0.( Regulations 
Section 1. 
The plant breeder's right may be granted for varieties of all gen­
era or species of plants, including hybrids between genera and 
speCIes. 
Section 2. 
In respect of plant varieties of particular significance to Norwe­
gian plant production, or when warranted by other considerations, the 
Plant Variety Board may grant plant breeder's right to applicants from 
countries which are not member states of the Union for the protection 
of New Varieties of Plants (cf. Act relating to the Plant Breeder's 
Right, Section I, third paragraph) 
Priority 
Section 3. 
To secure priority rights as provided in the third paragraph of 
Section 2 of the Act relating to the Plant Breeder's Right, the applicant 
must: IP/N/1/NOR/P/4 
Page 3 
(a) submit a written claim thereof together with an application 
for breeders' rights in Norway 
(b) within three months of filing a priority claim, furnish to the 
Plant Variety Board a copy of the docwnents which consti­
tute the application upon which the priority claim is based. 
These documents must be certified by the authority which 
received the first application. 
CHAPTER 11 
APPLICATION FOR PLANT BREEDERS' RIGHTS 
The Application 
Section 4. 
A written application in Norwegian shall be submitted to the 
Plant Variety Board. The application shall be signed by the applicant 
or by his agent if the applicant is so represented. The application shall 
contain: 
(a) The name and address of the original breeder and the appli­
cant, and the name and address of any agent representing 
the applicant. 
(b) A specific power of attorney for any agent representing the 
applicant. 
(c) The grounds for the applicant's title to the variety in ques­
tion if the applicant is not the original breeder. 
(d) A description of the variety specifying its botanical classifi­
cation, origin and the characteristics which distinguish it 
from other varieties, together with the results of any tests 
carried out on the variety and a description of the propaga­
tion of the material. 
(e) A proposed denomination. IP/~/1/~()FtnP/4 
Page 4 
(t) Infonnation stating whether protection has been sought in 
other cOlll1tries for the variety in question, the name or 
names lll1der which protection has been sought, and the de­
cisions of the authorities in these countries on the 
applications. 
(g) If a right of priority is claimed, the name of the country 
where the application invoked was filed, as well as the date 
of filing of this application and the application number. 
(h) lnfonnation on previous exploitation of the variety which 
according to litra (d) of the first paragraph of Section 2 of 
Act relating to the Plant Breeder's Right may hinder the 
granting of breeders' rights. 
Applications shall be submitted together with payment of such 
application fees as specified in Section 18 of these Regulations. 
Processing of Applications 
Section 5. 
The Plant Variety Board shall first undertake a provisional ex­
amination of the application in accordance with Section 6 of the Act 
relating to the Plant Breeder's Right. Infonnation pertaining to the apJ 
plication shall be sent to the relevant authorities in the other member 
states for their comments (cf. Act relating to the Plant Breeder's Right, 
Section 5, third paragraph). 
The Plant Variety Board shall enter into agreements concerning 
verification of the originality of varieties with the domestic and foreign 
institutions responsible for this task, and the board shall decide, for 
each individual application, whether the variety shall be tested, the 
scope of testing and where such testing shall be carried out (cf. Act re­
lating to the Plant Breeder's Right, Section 9). 
When the originality of the variety has been verified, the Plant 
Variety Board shall detennine whether the application fulfils the re­
quirements of the Act relating to the Plant Breeder's Right, Section 2, 
first paragraph, litra (a) to (c). IP/N/lINOR/P/4 
Page 5 
Where a right of priority is claimed in accordance with Section 2 
of the Act relating to the Plant Breeder's Right, the Plant Variety 
Board cannot direct the applicant to provide the infonnation and the 
plant material required to consider the application earlier than four 
years after the expiry of the time lilnit for priorities. 
If the application comprising the basis of a right of priority claim 
is decided with the result that neither a breeder's right nor a patent is 
granted, the Plant Variety Board may set a new deadline for supplying 
infonnation and plant material. 
The Plant Variety Board may obtain expert opinions. 
The results of the verification of originality shall be submitted to 
the applicant before the Plant Variety Board proceeds with the appli­
cation in question. 
Registration 
Section 6. 
The Plant Variety Board shall maintain a register of applications 
for plant breeders' rights. This register shall be open to the public. 
For each application, the register shall contain: 
(a) The application number and date of receipt. 
(b) The original breeder's name and address. 
(c) The applicant's name and address. 
( d) The name and address of any agent representing the 
applicant. 
(e) If a right of priority is claimed, the country where the appli­
cation invoked was filed, as well as the date of filing of this 
application and the application number. 
(f) The variety's botanical classification. 
(g) The proposed denomination. IP/~/1/~()FLnP/4 
Page 6 
(h) Incoming communications and statements of fees which 
have been paid. 
(i) Outgoing communications and any decisions made in re­
spect of the application. 
U) Delays in dealing with the application due to conflicts with 
previously submitted applications. Correlating remarks 
shall also be entered into the prior application's register 
entry. 
(k)Lists of any transfers of applications (cf. Act relating to the 
Plant Breeder's Right, Section 8). 
Public In.{ormation 
Section 7. 
As of the date upon which the Plant Variety Board publishes no­
tice of an application pursuant to Section 7 of the Act relating to the 
Plant Breeder's Right, all documents pertaining to the case shall be ac­
cessible to the general public. 
If so requested by the applicant, the documents shall be made 
accessible sooner than the date stipulated in the foregoing paragraph. 
If a document contains business secrets which have no bearing 
on the plant variety for which breeder's right is sought, the Plant Vari­
ety Board may, when special grounds so indicate, and upon applica­
tion, detennine that the document in question shall be withheld from 
the public. If an application to this effect has been filed, the document 
shall be withheld from access until such time as the said application is 
turned down. 
Proposals, drafts, considerations and other working documents 
of a similar nature, produced by the Plant Variety Board in the process 
of dealing with a case, shall not be accessible to the public unless the 
Plant Variety Board detennines that they shall be. Public Notice 
Section 8. IP/N/lINORlP/4 
Page 7 
The Plant Variety Board shall, in a publication issued periodi­
cally, publish notice of the application (cf. Section 7 of the Act relat­
ing to the Plant Breeder's Right). The notice shall contain: 
(a) The application number and date of receipt. 
(b) The original breeder's name and address. 
(c) The applicant's name and address. 
(d) The name and address of any agent representing the 
applicant. 
(e) If a right of priority is claimed, the name of the country 
where the application invoked was filed, as well as the date 
of filing of this application and the application number. 
(t) The variety's botanical classification. 
(g) The proposed denomination. 
(h) Time limit for objections. 
Section 9. 
Upon publication of notice of an application for a breeder's right 
in accordance with Section 7 of the Act relating to the Plant Breeder's 
Right, if any demand or proposal is forthcoming to change the de­
nomination of the variety, the Plant Variety Board shall publish notice 
thereof. 
Such notice shall contain, in addition to the infonnation specified 
in Section 8 litra (b, (c), (d) and (t), the application number, the date 
of the proposal, the denomination previously published and the pro­
posed new denomination. IP/N/lINOR/P/4 
Page 8 
Section 10. 
Notice of the granting of a plant breeder's right shall be pub­
lished together with the information specified in Section 8, Iitra (b), 
(c), (d), (t) and (h) as well as the registration nwnber, the approved 
denomination and the date when the right was granted (cf. Section 10 
of the Act relating to the Plant Breeder's Right). 
Section 11. 
Notice of reconsideration of an application due to objections to_ 
the granting of a breeder's right, together with the result of the recor. 
sideration, shall be published. 
Such notice shall contain the items of infonnation specified in 
Section 8 litra (b), (c), (d) and (t) in addition to the application num­
ber, the denomination and changes resulting from the objections (cf. 
Section 11 of the Act relating to the Plant Breeder's Right). 
Notice of the result of the reconsideration shall be published to­
gether with the information specified in Section 8 litra (b), (c), (d) and 
(t) in addition to the registration number, approved denomination, and 
the date when the right was granted, or in addition to the proposed de­
nomination and the date when the application was turned down. 
Section 12. 
Notice of expiration of a breeder's right shall, in addition to the 
items of infonnation specified in Section 8 litra (c) and (t), shall state 
the registration nwnber of the variety, the approved denomination, the 
date of expiration of the breeder's right and the reason for the 
expiration. 
Objections 
Section 13. 
Any objection filed against published applications or denomina­
tions shall state the grounds of the objection. IP/N/IINORIP/4 
Page 9 
If the objection is submitted by an agent, the said agent shall· 
also submit his power of attorney. 
Objections shall be written in Norwegian. 
The Plant Variety Board shall notify the applicant of an,,' 
objections. 
Registration in the Register of Plant Varieties 
Section 14. 
If a breeder's right is granted pursuant to Section 10 of the Act 
relating to the Plant Breeder's Right, the variety shall be entered in the 
Register of Plant Varieties. The Register of Plant Varieties shall 
contain: 
(a) The registration number. 
(b) The original breeder's name and address. 
(c) The name and address of the holder of the breeder's right. 
(d) The name and address of any agent representing the holder 
of the breeder's right. 
( e) The variety's botanical classification. 
(t) The approved denomination. 
(g) The date of 
-receipt of the application 
-published notice of the application 
-registration and granting of breeder's right 
-any changes in denomination 
(h) Infonnation on reconsideration of applications due to ob­
jections, and the final outcome of the reconsideration. IP/~/1/~()ltnP/4 
Page 10 
(i) If a right of priority is claimed, the name of the country 
where the application invoked was filed, as well as the date 
of filing of this application and the application number. 
Annotations in the Register of Plant Varieties 
Section 15. 
The following annotations shall be recorded in the Register of 
Plant Varieties: 
(a) Annual fees paid or deferrals granted. 
(b) Forfeiture of a breeder's right due to non-payment of annual 
fee. 
(c) Request for reinstatement, and reinstatement fees paid. 
(d) Action to have a breeder's right annulled, transferred, or to 
obtain a compulsory license. 
( e) Annotation of a final judgement in a court of law. The 
main elements of the decision shall be included in this 
entry. 
(t) Declared expiration of a breeder's right. 
(g) Transfer of a breeder's right or granting of a compulsory li­
cense, the name and address of the holder of the right and 
the date of the transfer or the granting of the compulsory 
licence. 
(h) Attachment of a breeder's right, cf. Enforcement Act, Sec­
tion 7-20, eighth paragraph. 
(i) Changes in respect of agents. Reinstatement 
Section 16. IP IN 11INORIP 14 
Page 11 
An applicant who has exceeded a time limit laid down in the Act 
relating to the Plant Breeder's Right shall, upon application, be ac­
corded reinstatement if he has made every effort which may reasona­
bly be required. Such application shall be submitted in writing to the 
Plant Variety Board no later than two months following the termina­
tion of the hindrance which prevented him from meeting the deadline, 
though no later than one year after the deadline. 
The omission must be rectified by the close of the stated period 
and the stipulated fee paid. 
The Plant Variety Board 
Section 17. 
The Plant Variety Board shall consist of seven members with 
personal deputies. 
The Plant Variety Board shall be composed of members haVing 
a thorough knowledge of the plant varieties in question, as well as 
members competent in trade mark law and administration and/or legal 
experts. 
The Ministry of Agriculture shall appoint the members of the 
Plant Variety Board. 
The Norwegian Agricultural Inspection Service shall act as sec­
retariat for the Plant Variety Board. 
Fees 
Section 18. 
F or activities conducted in connection with implementation of 
the Act relating to the Plant Breeder's Right, the following fees shall 
be paid: 
Application fee NOK 1,500 IP/N/lINORlP/4 
Page 12 
Annual fee for a protected variety NOK 1,800 
Additional charge for extension of deadline 
for payment of the annual fee " 500 
Appeal fee It 1,300 
Reswnption fee " 500 
Reinstatement request fee It 1,000 
Printing fee, per page " 200 
Fee for annotation of transfers and 
denomination changes in the Register " 200 
Fee for annotation of changes in respect of 
agents in the Register " 200 
Fee for transcripts from the Register " 200 
A fee shall additionally be paid for verification of the originality 
of a variety. The Plant Variety Board shall set the verification fee after 
assessing each individual case, on the basis of the fees of testing 
institutions. 
No annual fee shall be paid for the year in which a breeder's 
right is granted. 
The Plant Variety Board may, in special cases, defer payment of . 
annual fees. 
Deadlines.for Payment of Fees 
Section 19. 
Where no specific deadlines are stipulated in the Act relating to 
the Plant Breeder's Right or in these Regulations for payment of fees, 
they fall due no later than one month after the Plant Variety Board has 
requested payment. 
Fees paid by mail, cable, postal money order, postal giro or bank 
giro, are held to be paid on the date stamped on the letter or instru­
ment of transfer by a domestic Norwegian post office or bank. 
Deadlines expiring on a day on which the Norwegian Agricul­
tural Inspection Service is not open for business shall be extended to 
the next subsequent day on which the Norwegian Agricultural Inspec­
tion Service is open for business. Fee Refunds 
Section 20. IP/N/lINORlP/4 
Page 13 
Fees which are not paid in due tilne~ or which are 110t paid in full 
by the deadline with the result that paytnent cannot be validated, shall 
be refunded. 
Entry into Force 
Section 21. 
These Regulations enter into force as of 6 February 1995. 