WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LTU/P/3
31 January 2003
(03-0650)
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
LITHUANIA
The present document reproduces the text1 of the Law on the Protection of Plant Varieties No. IX-618
(adopted on 22 November 2001 and entered into force on 1 April 2002), which repeals and replaces the Law onthe Protection of Plant Varieties and Seed Cultivation (1996:I-1518), distributed in document IP/N/1/LTU/P/2,
as notified by Lithuania under Article 63.2 of the Agreement, by a communication from its Permanent Mission
dated  2 July 2002.
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
LITUANIE
Le présent document contient le texte1 de la Loi sur la protection des variétés végétales n° IX-618
(adoptée le 27 novembre 2001 et entrée en vigueur le 1er avril 2002), qui a nnule et re mplace la Loi sur la
protection des obtentions végétales et la culture des semences (1996:I-1518) distribuée dans le document
IP/N/1/LTU/P/2, notifié par la Lituanie au titre de l'article 63:2 de l'Accord par une communication de saMission permanente datée du 2 juillet 2002.
Consejo de los Aspectos de  los Derechos de Propiedad
Intelectual relaciona dos con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
LITUANIA
En el presente documento se reproduce el texto1 de la Ley de protección de las obtenciones vegetales
Nº IX-618 (adoptada el 22 de noviembre de 2001 y entrada en vigor el 1º de abril de 2002) que deroga ysustituye la Ley de protección de las obtenciones vegetales y producción de semillas Nº I-1518 de 1996,
distribuida en el documento IP/N/1/LTU/P/2, que Lituania ha notificado de conformidad con lo dispuesto en elpárrafo 2 del artículo 63 del Acuerdo, por una comunicación de su Misión Permanente con fecha 2 de julio
de 2002.
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/LTU/P/3
Page 2
Official Translation
REPUBLIC OF LITHUANIA
LAW ON THE PROTECTION OF PLANT VARIETIES
November 22, 2001.  No. IX - 618
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The Law shall regulate the relations of natural and legal persons relating to legal protection
and use of varieties of plants.
2. The Law shall apply to the varieties of plant genera and species, included on the list
approved by the Minister of Agriculture.
Article 2. Basic Definitions of Law
1. “Plant material ” means entire plants or parts of plants.
2. “Plant genus ” means a taxonomic group uniting closely related plant species possessing a
common ancestor.
3. “Plant species ” means a grouping of related organisms constituting a systematic unit,
occupying a certain permanent and relatively constant place in nature and fulfilling its functions in theuniversal biological metabolism in the manner specific only for the grouping.
4. “Plant variety (hereinafter - variety) ” means a plant within a single botanical taxon of
the lowest known rank, which grouping, irrespective of whether the conditions for the grant of abreeder’s right are fully met, can be defined by the expression of the characteristics resulting from agiven genotype or combination of genotypes, can be  distinguished from any other plant grouping by
the expression of at least one of the said characteristics, and can be considered as a unit with regard toits suitability for being propagated unchanged.
5. “List of plant genera and species  “ means the list approved by the Ministry of
Agriculture, which includes the plant genera and species, to the varieties whereof this Law  applies.
6. “Botanical taxon ” means any taxonomic group of plants (class, rank, family, genus,
species, subspecies, variety, form).IP/N/1/LTU/P/3
Page 3
7. “Propagating material ” means plants or parts thereof used for reproduction and
propagation of plants of the same variety.
8. “Genotype ” means the basis of heredity of organisms.
9. “Licence contract” means a written agreement drawn up between the selector and a
natural or legal person, granting that person the right to propagate and disseminate the propagating
material of the variety whereof legal protection shall be applied.
10. “ Licence fee ” means the fee payable under the licence contract.
11. “ Application ” means the set of documents submitted to the Register of the Protected
Varieties Administrator of the protected varieties of plants in the Republic of Lithuania, required forthe grant of a breeder’s right of a variety.
12. “ Breeder ” means:
1) one or several natural persons who bred, discovered or developed a new plant variety;2) a legal person who is the employer of the aforementioned one or several natural persons
who, working under employment contract or fulfilling the assigned task, have bred, discovered or
developed a new plant variety;
3) a person who, who has acquired the property rights to the variety  from the persons
indicated in subparagraphs items 1 or 2 of this paragraph;
13.  “ Selection fee ” means the fee payable to the breeder of the variety for the propagating
material of the protected variety produced from pl ants grown, on one’s own holding, and used for
further reproduction or multiplication purposes on one’s own holding
14. “ Protected variety of significance for the national economy” means the variety
required for guaranteeing supply to the market of propagating material possessing certain
characteristics.
15. “Universally known variety” means a variety, which becomes universally known from
the day of being submitted in an application to obtain grant of a breeder’s right of the variety orinclusion of the variety in the official list of varieties in any state, if this application created theopportunity for this variety to obtain grant of a breeder’s right or be included in the official list ofvarieties.
Article 3. Conditions for the Grant of the Breeder’s Right
The breeder’s right shall be granted upon establishing that the variety satisfies the criteria of
novelty, distinctness, uniformity and stability and has been designated by a denomination inaccordance with the provisions of Article 18 of this Law.IP/N/1/LTU/P/3
Page 4
Article 4. Novelty
1. The variety shall be deemed to be new if, at the date of filing of the application,
propagating or plant material of the variety has not been sold or otherwise disposed of to others, bythe initiative or with the consent of the breeder:
1) in the Republic of Lithuania earlier than one year before the above-mentioned date;
2) in the territory of another state earlier than four years or, in the case of trees, vines or of
berry shrubs earlier than six years before the said date.
2. The requirement for novelty shall be deemed not to have been violated in the sale or other
transferring of the right of management of the propagating or plant material to other persons if :
1) damage has been caused to the breeder or the heir to his rights;2) the rights of the breeder have been transferred according to contract;3) a natural or legal person on the basis of a contractual relationship reproduces propagating
material of a corresponding variety in the breeder’s name, on condition that the breeder shall not lose
his right of ownership to the propagating material and that the propagating material shall not be used
in the production of propagating material of another variety;
4) this is provided for in a contractual agreem ent, according to which a natural or legal person
shall conduct field tests or laboratory experiments  in order to assess the qualities of the variety;
 5) this has been done in implementing the laws or administrative obligations, particularly
those in relation to biological safety or inclusion of the variety in   the list of plant varieties  protectedin the Republic of Lithuania;
6) in creating the variety or implementing the operations indicated in sub-paragraphs
3 -5 of this paragraph,  plant material of th e variety obtained as a by- product or surplus
product shall be sold of otherwise transferred without indicating the variety.
Article 5. Distinctness
1. The variety shall be deemed to be distinct if it is clearly distinguishable by reference to the
expression of at least one of its characteristics from any other variety whose existence is a matter ofcommon knowledge at the time of the filing of the application.
2. Any other variety shall be deemed to be a matter of common knowledge if on the date of
filing of the application for provision of legal protection to the variety or to enter the variety in an
official register
The existence of a variety particular be deemed in any other state or intergovernmental
organisation the variety was entered in an official register.IP/N/1/LTU/P/3
Page 5
Article 6. Uniformity
The variety shall be deemed to be uniform if, subject to the variations that may be expected
from the particular features of its propagation, the plants of the variety are sufficiently uniform in theirrelevant characteristics.
Article 7. Stability
A variety shall be deemed to be stable if its relevant characteristics remain unchanged after
repeated propagation or, in the case of a particular cy cle of propagation, at the end of each such cycle.
Article 8. Register of Varieties of Plants Protected in the Republic of Lithuania
1. The Register of Varieties of Plants Protected in the Republic of Lithuania (hereinafter - the
Register of Protected Varieties) is the principal document for recording varieties of plants, havinglegal protection in Lithuania.
2. The Register of Protected Varieties shall be comprised and administered by the Register of
Protected Varieties Administrator - the institution authorised by Ministry of Agriculture.
CHAPTER TWO
APPLICATION FOR THE GRANT OF BREEDER’S RIGHT
Article 9. Filing of the Application
1. The breeder or the person authorised by him (hereinafter - the applicant) who wishes to
receive the grant of a breeder’s right for the variety bred or discovered or developed by him, shall file
with the Register of Protected Varieties Administrator an application for the grant of the breeder’sright for the variety.
2. The application shall consist of a request for the grant of the breeder’s right and other
documents, the list, form and filing procedure whereof shall be established by the Register ofProtected Varieties Administrator.
3. A separate application shall be filed with respect to every variety. The request for the grant
of the breeder’s right shall be filed in the Lithuanian or another language prescribed by the Register ofProtected Varieties Administrator. Other documents of the application shall be filed in the state
language or in the language prescribed by the Register of Protected Varieties Administrator. In this
case, an official translation thereof shall be submitted in the Lithuanian Language.
4. Where the variety has been bred, discovered or developed by several natural or legal
persons, one application shall be filed indicating therein the share of ownership of each one of them.IP/N/1/LTU/P/3
Page 6
Foreign state natural or legal persons shall file the applications through their authorised representative
in the Republic of Lithuania.
5. Filing of the application with a state Member of the International Union for the
Protection of New Varieties of Plants or in a Member State of the European Union, shall not
restrict the applicant’s right to file an application to the Register of Protected Varieties
Administrator without waiting for reply concer ning the grant of a breeder’s right to him.
6. The date when the Register of Protected Varieties Administrator received and registered an
application for the grant of a breeder’s right which meets the requirements indicated in Paragraph 2,
shall be deemed to be the date of filing of the application.
Article 10. Right of Priority
1. The priority of an application shall be determined by the date of filing of the application.
2. An applicant shall have the right to file the first application with a competent institution of
any member state of the Member of the International Union for the Protection of New Varieties ofPlants or in a Member State of the European Union. If, prior to filing an application with the Registerof Protected Varieties Administrator in Lithuania, the applicant has already filed an application for thegrant of the breeder’s right in a Member of the International Union for the Protection of New
Varieties of Plants or in a Member State of the European Union, at the applicant’s request the right of
priority of the application may be determined by the date of filing of the first application. In this casethe application must be filed with the Register of Protected Varieties Administrator within 12 monthsfrom the date of filing of the first application. The day of the filing of the application shall not enterinto this time frame.
3. In order to benefit from the right of priority of  the first application in the case referred to in
paragraph 2 of this Article, the applicant shall, within a period of not less than three months from thefiling date of the subsequent application furnish with the Register of Protected Varieties Administratora copy of the first application, certified to be a true copy by the foreign state competent institution
with which that application was filed. The Register of Protected Varieties Administrator may request
the applicant to furnish additional documents or other evidence that the variety, which is the subjectmatter of both applications, is the same.
4. The breeder shall be granted the right for a period of two years after the expiration of the
period of priority specified in paragraph 2 of this Article or, where the first application is rejected orwithdrawn, in which to furnish, according to the procedure laid down in this Law, to the Register ofProtected Varieties Administrator with which he has filed the subsequent application, any necessarydocuments or material required for the purpose of the examination under Articles 11, 12, and 13 ofthis Law.IP/N/1/LTU/P/3
Page 7
5. Events, occurring within the period provided for in paragraph 2 of this Article, such as the
filing of another application or the publication or use of the new variety that is the subject of the firstapplication, shall not constitute a ground for the Register of Protected Varieties Administrator forrejecting the subsequent application. Such events shall also not give rise to any third-party right.
6. After the breeder has, in accordance with the procedure established in Article 36 of this
Law, filed an appeal against an applicant who did not have a breeder’s right and the Register ofProtected Varieties Administrator has taken a decision to refuse granting a breeder’s right on the basisthereof, the breeder shall have the right to request the date of the refused application be deemed to bethe date of filing of his application. In this case, the breeder must file the application with the Registerof Protected Varieties Administrator within one month from the date of taking of the decision torefuse the grant of the breeder’s right.
CHAPTER THREE
EXAMINATION OF THE APPLICATION AND TECHNICAL
EXAMINATION OF THE VARIETY
Article 11. Preliminary Examination of the Application
1. The Register of Protected Varieties Administrator shall carry out preliminary examination
of the application within one month from the date of filing of the application. In the course of theexamination priority of the application shall be determined, fullness of the set of documents filed andtheir compliance with the requirements set by the Register of Protected Varieties Administrator shall
be assessed.
2. Having determined within the period of one month that the submitted documents do not
comply with the prescribed requirements, the Register of Protected Varieties Administrator shallnotify the applicant thereof in writing. If the stipulated deficiencies are corrected within the time limitindicated by the Register of Protected Varieties Administrator, the application shall be deemed   tohave been filed on the day wherein the Register of Protected Varieties Administrator received theapplication for grant of breeder’ s right. Should the shortcomings fail to be corrected, the applicationshall be deemed not filed and the applican t shall be informed thereof in writing.
3. If the application and the filed documents co mply with the prescribed requirements, the
Register of Protected Varieties Administrator shall notify the applicant thereof in writing.IP/N/1/LTU/P/3
Page 8
Article 12. Substantive Examination of the Application
1. The Register of Protected Varieties Administrator shall carry out substantive examination
of the application within the period prescribed by the Register of Protected Varieties Administrator,which is counted from the day of filing of the application.
2. It shall be established in the course of substantive examination whether the variety
indicated in the application for the grant of a breeder’s right is new, whether the applicant is entitledto file this application and whether the proposed variety denomination is suitable pursuant to Article18 of this Law.
3. Having established that the plant variety does not comply with the requirements set in
paragraph 2 of this Article, the Register of Protected Varieties Administrator shall notify the applicantthereof in writing. Should the applicant fail to corr ect the deficiencies that might have been identified,
the Register of Protected Varieties Administrator shall take a decision to reject the application andshall notify the applicant thereof in writing.
Article 13. Technical Examination of the Variety
1. After the preliminary and substantive examinations of the application have been carried
out, technical examination of the variety shall be performed. It shall be determined throughexperiments whether the variety complies with the requirements of distinctness, uniformity andstability.
2.Upon the decision of the Register of Protected Varieties Administrator, the technical
examination of the variety shall also be deemed to have been completed if the distinctness, uniformity
and stability of the variety have been assessed and recognised by the competent institution of any
foreign state and the applicant has furnished all documents confirming the fact and the consent of theinstitution for the use of the data of technical examination carried out by it.
Article 14. Arrangement of the Technical Examination of a Variety and Examination
Results
1. Responsibility for the technical examination of a variety shall rest with the Register of
Protected Varieties Administrator. The Register of Protected Varieties Administrator may conducttechnical examination of the variety on his own or avail himself of the services of competent
institutions of foreign states.
2. The applicant shall pay the Register of Protected Varieties Administrator a fee charged by
him for the conduct of the technical examination.
3. If the results of the technical examination of the variety comply with the requirements of
distinctness, uniformity and stability, set by this Law, the variety corresponds to the botanical taxonIP/N/1/LTU/P/3
Page 9
and the applicant has paid the fee for the techni cal examination of the variety according to the
procedure laid down in paragraph 2 of this Article, the Register of Protected Varieties Administratorshall produce the official description of the variety and take a reference sample of the propagatingmaterial of the variety for safekeeping.
4. Having established that the variety does not comply with the requirements specified in
paragraph 3 of this Article and/or the applicant has not paid the fee charged for the technicalexamination of the variety, the Register of Protected Varieties Administrator shall take a decision toreject the application and shall notify the applicant thereof in writing.
5. The Register of Protected Varieties Administrator shall keep the documents relating to the
examination of the application and the technical ex amination of the variety for the entire period of
validity of the breeder’s right.
Article 15. Provisional Protection
The breeder’s interests shall also be protect ed during the period from the day of the
filing of the application for the grant of the breeder’s right, until the variety shall be granted
provisional protection. During the period the va riety was granted provisional protection, the
breeder shall be entitled to file a damage claim against the person who infringed his rights, as
specified in Article 26 of this Law.
Article 16. Publication of Information
The Register of Protected Varieties Administrator shall publish information relating to:
1) received, withdrawn and rejected applications;2) variety denominations proposed in the applications;3) varieties afforded protection under the breeder’s right, their breeders and/or authorised
representatives of the breeders;
4) varieties afforded provisional protection;5) change of the breeders and/or their authorised representatives;6) decisions to declare a breeder’s right null and void, to cancel or to extend a breeder’s right;
7) other information specified by the Register of Protected Varieties Administrator.
CHAPTER FOUR
VARIETY DENOMINATION
Article 17. Variety Denomination
1. A new variety shall be given a denomination in accordance with its genus. The
denomination shall be indicated in the application filed by an applicant.IP/N/1/LTU/P/3
Page 10
2. After the variety has been entered in the Register of Protected Varieties, it must in all cases
be referred to by the designated denomination. This same denomination must be used also after theexpiration of the breeder’s right in that variety.
Article 18. Characteristics of the Denomination
1. The denomination of a variety must enable the variety to be identified. It may not consist
solely of figures except where this is an established practice for designating varieties. Thedenomination must not be liable to mislead or to cause confusion concerning the characteristics, valueor identity of the variety or the identity of the breeders. It must be different from every denominationwhich designates, in the territory of the Republic of Lithuania or any other member state of the Unionof Protection of Plant Varieties, an existing variety of the same plant species or of a closely relatedspecies.
2. Rights that have been previously acquired by other persons must not be infringed upon.
The new variety must not be given the denomination of a variety whose right of ownership term has
expired.
3. The denomination must comply with the norms of the state language.
Article 19. Changing the Denomination of a Variety
The denomination of a variety may be changed at the breeder’s request or on the court
decision.
CHAPTER FIVE
GRANT OF THE BREEDER’S RIGHT, DURATION AND CANCELLATION OF THE
BREEDER’S RIGHT
Article 20. Entry into Force of the Breeder’s Right
1. Upon establishing that the plant variety satisfies the conditions for legal protection laid
down in Article 3 of this Law, the Register of Protected Varieties Administrator shall take a decisionto enter the variety in the Register of Protected Varieties under the proposed denomination and shall
inform the applicant thereof in writing. The denom ination of the variety, the breeder thereof, the
variety description, duration of the breeder’s right shall be specified in the decision.
2. Having entered the variety in the Register of Protected Varieties, the breeder shall be issued
a certificate of the breeder’s right. The Register of Protected Varieties Administrator shall determinethe form of the certificate.IP/N/1/LTU/P/3
Page 11
3. The breeder’s right in the variety shall be granted at the same day as the denomination of
the variety is entered in the Register.
Article 21. Refusal to Grant the Breeder’s Right
Where the variety does not satisfy the requirements set by this Law, the Register of Protected
Varieties Administrator shall take a decision to refuse entering the variety in the Protected VarietiesRegister and shall notify the applicant thereof in writing.
Article 22. Duration of the Breeder’s Right
1. The breeder’s right shall be granted for a period of 25 years, whereas for potatoes, trees and
vines the said period shall be 30 years from the date of entry thereof in the Register of ProtectedVarieties.
2. The Register of Protected Varieties Administrator shall have the right to extend the
duration of the breeder’s right upon the request of the breeder or his authorised representative, but for
not longer than five years.  The duration of the breeder’s right shall be extended if the breeder or hisauthorised representative files with the Register of Protected Varieties Administrator a written requestfor the extension of duration of the breeder’s right before the expiry thereof.
3. The breeder’s right shall lapse before the expiry of the time periods set in this Article if the
breeder surrenders it in writing to the Register of Protected Varieties Administrator. The date ofexpiry of the breeder’s right may be indicated in the breeder’s application. Where there is noindication of the date, the surrender shall be with effect from the day following the day of receipt of
the application.
Article 23. Declaring the Breeder’s Right Null and Void
1. The breeder’s right shall be declared null and void from the day of entry of the variety in
the Register:
1) when it is established that at the time of the grant of the breeder’s right the variety did not
comply with the requirements of novelty or distinctness;
2) if the breeder’s right has been based upon information and documents furnished by the
breeder only, but at the moment of the grant of the breeder’s right the variety did not comply with the
requirements of uniformity or stability under the provisions of Articles 6 and 7 of this Law.
3) when it is established that the breeder’s right has been granted to a person, who did not
have a right to it.IP/N/1/LTU/P/3
Page 12
2. Having established the reasons referred to in paragraph 1 of this Article, the Register of
Protected Varieties Administrator shall take a decision to declare the breeder’s right in the variety nulland void and notify the breeder thereof in writing.
Article 24. Cancellation of the Breeder’s Right
1. The breeder’s right shall be cancelled if:
1) the Register of Protected Varieties Administrator establishes that the conditions of
uniformity and stability laid down in Articles 6 and 7 of this Law are not fulfilled;
2) the breeder has not provided the Register of Protected Varieties Administrator at the
latter’s request with the information, documents or other material necessary for verifying themaintenance of the variety;
3) where the Register Administrator establishes that the denomination no longer complies
with the requirements of this Law, the breede r does not propose another suitable denomination;
4) the breeder fails to pay such state fees as may be payable to keep his right in force.
2. The Register of Protected Varieties Administrator must notify the breeder in writing that
his right may be cancelled for reasons specified in paragraph 1 of this Article and set the time limit foreliminating the reasons.
3. If the breeder fails to eliminate the reasons within the time limit, specified in Paragraph 2
of this Article the Register of Protected Varieties Administrator shall take a decision to cancel thebreeder’s right and inform the breeder thereof in writing.
4. The breeder shall forfeit his right to perform the acts provided for in Article 26 of this Law
as from the day of cancellation of the breeder’s right.
Article 25. State Fees
State fees shall be payable for services provided by the Register of Protected Varieties
Administrator according to the procedure laid down by the Government.
CHAPTER SIX
RIGHTS AND OBLIGATIONS OF THE BREEDER
Article 26. Rights of Breeder
1. The breeder, invoking the provisions of Articles 28 and 29 of this Law, shall have the right
to authorise the performance of the following acts wi th respect to the propagating material of the
protected variety:
1) production and reproduction;IP/N/1/LTU/P/3
Page 13
2) conditioning for the purpose of propagation;
3) offering for sale;4) selling or other marketing;5) exporting;
6) importing;
7) stocking for any of the purposes mentioned subparagraphs 1 to 6 of this paragraph.2. Persons who are using the variety under a licence contract must notify the breeder of the
reproduced sold or in other way marketed propagating material, unless the licence contract providesotherwise.
3. In using plant material, and having used obtained propagating material without a licence
contract, it is necessary to obtain the authorisation of the breeder except in a case where the breederhad a reasonable opportunity to implement his rights in connection with this propagating material.
Article 27. Application of Breeder’s Rights to Essentially Derived
Varieties and Certain other Varieties
1. The provisions of Article 26 of this Law shall also apply in relation to:
1) varieties which are essentially derived from the initial protected variety if this protected
variety itself is not  an essentially derived variety;
2) varieties which are not clearly distinguishable in accordance with paragraph 1 of Article 5
of this Law, from the protected variety;
 3) varieties whose production requires only the repeated use of the protected variety.
2. A variety shall be deemed to be essentially derived from another variety, hereinafter
referred to as the initial variety, when:
1) it is predominantly derived from the initial variety, or from a variety that is itself
predominantly derived from the initial variety, preserving the characteristics of the initial variety,which are the result of  this variety’s genotype or combination of genotypes;
2) it is clearly distinguishable from the initial variety but it conforms to the initial variety in
the expression of the essential characteristics that result from the genotype or combination ofgenotypes of the initial variety, except for the differences which result from the act of derivation ofthis variety.
3. Essentially derived varieties may be obtained by the selection of a natural or induced
mutant, or of a somaclonal variant, the selection of a variant individual from plants of the initialvariety, backcrossing, or transformation by genetic engineering.IP/N/1/LTU/P/3
Page 14
Article 28. Exceptions to the Breeder’s Right
1. A variety may be used without the breeder’s authorisation if:
1) the acts are done privately and for non-commercial purposes;
2) the acts done for scientific purposes;
3) for  the purposes of  breeding other varieties and acts to be carried out with these varieties
as specified in  Article 26 of this Law, except  in cases when the provisions of Article 27 of this Laware to be applied.
2. Farmers and other land users may use the protected variety without the breeder’s
authorisation when:
1) they use, the propagating material from the harvest of a protected variety, raised on their
farm or on holdings used by them  for their farm needs;
2) they pay the selection fee to the breeder. The amount of the fee and the procedure of
payment thereof shall be established by mutual agreement between the breeder or his authorised
representative and the farmer or other land user. In the absence of such an agreement, the fee shall
amount to at least 50% of the average licence fee which would be payable in Lithuania for the lowestcategory propagating material of the same plant species, subject to certification.
3. The provisions of paragraph 2 of this Article shall apply to farmers and other land users
only in cases: 1) if they are growing on their own holdings or plots of land they are using plants of thefollowing species: oats, barley, rye, spelt wheat and durum wheat, triticale, rape, linseed (with the
exclusion of flax), peas, beans, vetch, lupine,  lucerne, potatoes;
2) if they use for further propagating purposes on their holdings, the product of the harvest
which they have obtained by planting on their own holdings or plots of land they are using,
propagating material of a variety of the genera mentioned in subparagraph 1 of this paragraph (otherthan a hybrid or synthetic variety) protected in Lithuania;
4. The farmers and other land users may not fail to pay the fee stipulated in subparagraph 2 of
part 2 of this Article if their own holding or plot of the land used is not larger than the area prescribedby the Minister of Agriculture.
5. Farmers and other land users who are propagating and marketing the certified propagating
material of protected varieties must, at the breeders’ request, submit to them data relating to the use of
propagating material of the protected variety.
Article 29. Exhaustion of the Breeder’s Right
The breeder’s right shall not extend to acts concerning any propagating
or plant material of the protected variety, or of a variety covered by the provisions of Article 27,IP/N/1/LTU/P/3
Page 15
which has been sold or otherwise marketed by the br eeder or with his consent in the territory of the
state which is a member of the International Union for the Protection of New Varieties of Plants, orany material derived from the said material, unless such acts:
1) involve further production of the propagating and plant material of the variety in question;
2) involve an export of the propagating and plant material of the variety into a country which
does not protect varieties of the plant genus or species to which the variety belongs, except where theexported plant material is for final consumption purposes.
Article 30. Assignment of the Breeder’s Rights
1. Natural and legal persons who have acquired the property right to a variety, must submit to
the Register of Protected Varieties Administrator documents confirming the fact.
2. The Register of Protected Varieties Administrator shall examine the received documents
and register the new breeder within one month from the receipt of the application.
Article 31. The Breeder’s Obligations
1.Upon the request of the Register of Protected Varieties Administrator the breeder  shall
submit samples of  propagating material of the protected variety for renewing the reference sample orfor checking the conformity and other characteristics of the propagated variety.
CHAPTER SEVEN
LICENCE CONTRACTS
Article 32. Conclusion of Licence Contracts
1. The breeder of a protected variety (licenser) may authorise another person (licensee) to
perform the acts specified in Article 26 of this Law. A   licence contract shall be concluded.
2. The licensee may not assign the rights to perform the acts specified in Article 26 to a third
person, unless the licence contract provides otherwise.
3. Having concluded the licence contract, the holder of the breeder’s right shall submit it to
the Register or Protected Varieties Administrator for registering.
Article 33. Types of Licence Contracts
1. The breeder shall have the right to conclude:
1) an exclusive licence contract;2) a regular licence contract.IP/N/1/LTU/P/3
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2. The conclusion of an exclusive licence contract shall restrict the breeder’s right to use the
variety in the sphere in which the rights  have been transferred to the licensee.
3. The conclusion of a regular licence contract shall not restrict the breeder’s rights provided
for by this Law.
Article 34. Requirements of Licence Contracts
 A licence contract shall be concluded in writ ing. The following shall be specified in the
licence contract:
1) the requisites of the parties to the contract;2) the denomination of the plant species and variety;3) purposes, ways or met hods of use of the variety;
4) the territory of use of the variety;5) period of validity of the licence contract;
6) rights, obligations and liability of the parties to the contract;
7) amount of the licence fee, dates and procedure of payment thereof;8) dispute settlement procedure;9) other conditions which comply with laws and other legal acts.
Article 35. Compulsory Licence Contract
1. A compulsory licence contract may be concluded where there is a lack in the state of the
protected variety of significance for the national economy or if the breeder has not been propagating
the variety for a three-year period after the entry thereof in the Register of Protected Varieties. A
natural or legal person who wishes to conclude a compulsory licence contract may apply to the
Register of Protected Varieties Administrator.
2. A compulsory licence contract shall be concluded and rescinded upon the decision of the
Register of Protected Varieties Administrator.
3. The licence fee payable for the use of a variety under a compulsory licence contract shall
be fixed by the decision of the Register of Protected Varieties Administrator and shall amount to theaverage licence fee for the propagating material of the plant species payable in Lithuania.
4. The breeder must sell to the licensee the initial propagating material required for the
propagation of the variety charging for it the price payable on the average for the propagating material
of other varieties of the plant species.
5. A compulsory licence contract may be concluded for a maximum period of four years. The
breeder may apply to the Register of Protected Varieties Administrator with a request to curtail theperiod of the compulsory licence contract or to rescind the contract, if the reasons for which it hasIP/N/1/LTU/P/3
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been concluded no longer exist or the licensee does not comply with the conditions laid down in the
contract.
6. Conclusion of a compulsory licence contract shall not restrict the breeder’s rights
established by this Law.
7. Disputes arising in relation to the compulsory licence contract shall be settled by court.
CHAPTER EIGHT
DECISION MAKING, APPEALING AGAINST THE DECISIONS
 AND DECIDING ON APPEALS
Article 36. Appealing the Application
1. After the publication of the application every interested person shall have the right to be
granted access to the application documents, results of technical examination of the variety and
description of the variety.
2. Until the taking of decision either to grant the breeder’s right or to refuse granting the right,
the interested persons may apply to the Register of Protected Varieties Administrator with an appealagainst the ineligible applicant as well as against the fact that the variety does not satisfy theconditions for the grant of the breeder’s right, specified in Article 3 of this Law. Appeals against thevariety denomination may be filed within three months from the day of publication of the application.Documents or other material justifying the appeal must accompany the appeal.  The person who filedthe appeal shall have the right to withdraw it at any time.
3. The Register of Protected Varieties Administrator must notify the applicant in writing of
the received appeal or withdrawal thereof.
Article 37. Board of Appeal
1. For deciding on appeals from the decisions of the Register of Protected Varieties
Administrator, also on appeals against inadequate performance of examination of applications andtechnical examination of varieties as well as for considering and deciding on other issues relating tolegal protection of varieties, the Minister of Agriculture shall form the Board of Appeal composed offive persons and shall appoint the chairman of th e Board. The Board of Appeal shall be formed for
three years and comprised of the Ministry of Ag riculture, farmers’, non-profit organisation and
scientific institution representatives.
2. The Board of Appeal shall function in accordance with the Regulations approved by the
Minister of Agriculture.
3. Decisions of the Board of Appeal shall be binding to the Register of Protected Varieties
Administrator.IP/N/1/LTU/P/3
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Article 38. Procedure of Decision Takin g, for Appealing from the Decisions and
Considering the Appeals
1. The time limits and procedure for appealing from the decisions of the Register of Protected
Varieties Administrator as well as the time limits for eliminating the established, for filing the
received and withdrawn applications shall be set de ficiencies of the application, for taking decisions
and notifying of the taken decisions in the statute of the Register of Protected Varieties.
2. The decisions of the Register of Protected Varieties Administrator shall be appealable to
the Board of Appeal, whereas appeals against the deci sions of the Board of Appeal shall be lodged to
court.
CHAPTER NINE
INTERNATIONAL COOPERATION
Article 39. International Agreements
If international agreements to which the Republic of Lithuania is a party establish other
requirements for legal protection of plant varieties than those laid down in this Law, the requirementsof international agreements shall be complied with.
Article 40. International Cooperation
The Register of Protected Varieties Administrator shall cooperate with the institutions of
other states, exchange information and documents relating to variety protection, perform other acts for
the fulfilment of international obligations.
CHAPTER TEN
LIABILITY FOR INFRINGMENT OF THE BREEDER’S RIGHT
Article 41. Liability for Violation of this Law
 Natural and legal persons who violate the requirements of this Law shall be held liable under
the laws of the Republic of Lithuania.IP/N/1/LTU/P/3
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CHAPTER ELEVEN
FINAL PROVISIONS
Article 42. Coming into Force of the Law
This Law shall come into force from April 1, 2002.
43. Acknowledgement of Laws as having been Repealed
1. The following shall be acknowledged as having been repealed as of April 1, 2002:
2. 1) Republic of Lithuania Law on the Protection of the Varieties of Plants and Selection;
3. 2) Law on the Amendment of Articles 3, 6, 17, 18, 19, 20, 24, 25, and 27 of the Republic
of Lithuania Law on the Protection of the Varieties of Plants and Seed Growing;
4. 3) Law on the Amendment of Article 23 of the Republic of Lithuania Law on the
Protection of the Varieties of Plants and Selection.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC                                         VALDAS ADAMKUS
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