WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/1lESPIP/5 
21 February 1997 
(97-0699) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproducesl the text of Royal Decree 1674/1977, of 10 June 1977, 
approving the General Regulations on the Protection of New Varieties of Plants, as notified by Spain 
under Article 63.2 of the Agreement (see document IP/N/lIESP/lIRev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AD TITRE 
DE L' ARTICLE 63:2 DE L' ACCORD 
Espagne 
Le present document contient le textel du Decret royal n· 1674/1977 du 10 juin 1977 portant 
approbation du reglement general sur la protection des obtentions vegetales, notifie par I 'Espagne au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/lIESP/lIRev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTDAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Espaiia 
En el presente documento se reproducel el texto del Real Decreto N° 1674/1977, de 10 de junio 
de 1977, por el que se aprueba el Reglamento General sobre Protecci6n de Obtenciones Vegetates notificado 
por Espaiia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IPINIlIESP/1IRev.1). 
lEnglish only/anglais seulementlingles solamente. IP/N/1/ESP/P/5 
Page 2 
Plant Variety Protection -No. 67 
SPAIN 
GENERAL RULES ON THE PROTECTION OF PLANT VARIETIES* 
(Approved by Royal Decree No. 1674/1977 of June 10, 1977) 
I. PURPOSE AND SCOPE OF THESE RULES 
Section 1 
The purpose of these Rules is to lay down standards for the interpretation 
and implementation of Law No. 12/1975 of March 12, 1975, hereinafter referred 
to as the Law on the Protection of Plant Varieties, concerning the recognition 
and protection of the right of the breeder of a new plant variety covered by a 
"Plant Variety Title," and of his successors, in accordance with the provisions 
of this Section and the following Sections. 
Its application shall extend to all botanical genera and species. It 
shall come into effect by Ministerial Order within the following maximum 
periods of time, during which the protection of the species indicated has to 
be established. The said periods shall begin on the date of publication of 
the Decree approving these Rules. 
(a) Six months for: Triticum aestivum L. ssp. vulgare (Vill., Host) 
Mac Ray; Triticum durum Desf.; Hordeum vulgare L. s. lat.; Avena 
sativa L.; Avena byzantina K. Koch; Oryza sativa L.; Solanum 
tuberosum L.; Rosa hort. and Dianthus caryophyllus L. 
(b) Three years for: 
Ius coccineus L.; 
and Citrus sp. Pisum sativum L.; Phaseolus vulgaris L.; Phaseo­
Helianthus annuus L.; Prunus persica (L.) Batsch 
(c) Six years for: Zea mays L.; Medicago sativa L.; Lactuca sativa 
L.; Malus domestica Borkh. 
(d) Eight years for: Trifolium pratense L.; Lolium sp. 
For species not mentioned in the preceding Subsection, protection shall 
be established by the Ministry of Agriculture within the time and to the 
extent dictated by the sector concerned. 
* Spanish title: Reglamento general sobre proteccion de obtenciones 
vegetales. 
Entry into force: July 11, 1977. 
Source: Boletin oficial del Estado No. 161, July 11, 1977. IP/N/I/ESP/P/5 
Page 3 
Plant Variety Protection -No. 67 
11. DEFINITION OF THE PLANT VARIETIES COVERED BY 
THE PROTECTION AND OF THE BREEDER 
Section 2 
In accordance with the provisions of the Law on the Protection of Plant 
Varieties, "plant variety" means any commercial variety (internationally known 
as a "cultivar"), clone, line, stock or hybrid that satisfies the conditions 
established in that Law and these Rules. 
For the purposes of these Rules, the following def init ions are estab­
lished: 
(a) commercial variety: set of cultivated botanical individuals, which 
are distinguished by specif ic morphological, physiological, cyto­
logical, chemical or other characteristics of an agricultural or 
economic nature and which retain their distinctive characteristics 
in the course of sexual reproduction or vegetative propagation; 
(b) clone: set of individuals obtained by vegetative multiplication of 
a single plant which possess an identical genetic parentage; 
(c) line: natural or artificial group obtained by sexual reproduction, 
being sufficiently uniform. The line is called pure when the 
individuals that constitute it have been obtained by successive 
self-fertilization from a single homozygous parent; 
(d) stock: descendance of plants of one and the same origin obtained 
by breeding, which possess numerous common characteristics; 
(e) hybrid: plant obtained by spontaneous or voluntary crossing from 
parents generally having a different genetic parentage. 
Section 3 
"Breeder" means any natural person or legal entity who proves that he is 
responsible for any improvement, selection or discovery by which a new plant 
variety has been obtained, in accordance with the provisions of Section 3 of 
the Law on the Protection of Plant Varieties. 
Ill. CONDITIONS REQUIRED FOR PROTECTION OF A PLANT VARIETY 
Section 4 
(1) For a variety to be eligible for protection under the Law on the Protec­
tion of Plant Varieties it has to: 
Ca) be new, that is, be differentiated from varieties the existence of 
which at the time of application for protection is public knowledge. 
Such differentiation shall be established by one or more important 
morphological or physiological characteristics which fluctuate 
little and are susceptible of precise description and recognition; 
public knowledge may be determined by various references, such as IP/N/1/ESP/P/S 
Page 4 
Plant Variety Protection -No. 67 
growing or comercialization of the variety, in preparation or in 
progress, presence in a reference collection or precise description 
in a publication; 
(b) be homogeneous in the totality of its characteristics, according to 
its system of reproduction or multiplication; 
(c) be stable in its essent ial character ist ics, in other words, remain 
true to the definition given by the breeder at the end of each cycle 
of reproduction or multiplication. 
Preliminary examination 
(2) The verification of whether a variety meets the above conditions consti­
tutes the "preliminary examination," which shall take place when the procedure 
has been initiated and when examination of the application, in accordance with 
Subsections (5) to (7), inclusive, of this Section, has been completed. 
With regard to the conditions that have to be met by a plant variety in 
order to be eligible for protection, account shall be taken of the following: 
Novelty: the characteristics that are used to distinguish varieties shall 
be both qualitative and quantitative. In both cases the variation of the 
said characteristics, which shall be discontinuous for the non-measurable 
ones and continuous between two extremes for the quantitative ones, shall 
be defined by degrees of expression, the number of which shall be deter­
mined by the needs of description. Characteristics the variation of which 
is least affected by environment shall be regarded as the most important; 
Homogeneity: for a variety to be considered homogeneous, all the compo­
nent individuals have to be practically equal, or have a limited overall 
variation with respect to the characteristics concerned; in other words, 
the number of plants, the description of which is different from the 
variety under consideration, has to remain within reasonable limits and, 
as the case may be, fluctuations have to remain within a specific range; 
Stability: generally, when the sample supplied by the breeder is regarded 
as having a high level of homogeneity, the material may be considered sta­
ble. In the event of doubt, propagation of the material shall be effected 
with a view to ascertaining whether it remains true to its definition. 
The Ministry of Agriculture shall lay down such standards for the inter­
pretation of these Rules as are necessary for each species or group of species 
with respect to the carrying out of the preliminary examination, and which 
shall specify the following: 
(a) minimum amount of growing material required from the breeder in 
order to carry out the observations necessary in each case; 
(b) qualitative characteristics of the said growing material; 
(c) dates on which and places in which the said growing material has to 
be deposited; 
(d) characteristics that have to be taken into consideration for the 
definition of a variety; 
(e) durat ion of test growings, and manner in which these are to take 
place. IP/N/lIESP/P/5 
Page 5 
Plant Variety Protection -No. 67 
The "preliminary examination" may be effected in a foreign country where 
relevant international agreements have been previously established for the 
species concerned. 
(3) A variety shall not be considered new for the purposes of the provisions 
of the Law on the Protection of Plant Varieties when, at the time of the appli­
cation for a "Plant Variety Title," it has already been marketed or offered 
for sale in Spain, with the authorization of the breeder or his successors in 
title, or more than four years previously in any foreign country, or where it 
has been the subject of sufficient advertising of any kind to be used. 
Similarly, the variety shall not be considered new if it is described in 
an application for a "Plant Variety Title," in a title that has not yet been 
published or in an application filed abroad that benefits from the priority 
provided for in Section 10(3) of these Rules. 
In no case shall the sole fact that it has been recorded as such in an 
Official Register be regarded as destructive of novelty. For the purposes of 
this provision, "Official Register" means the Register of Commercial Varieties 
of the National Institute of Seeds and Nursery Plants, or any other similar 
register of a foreign country with which Spain has entered into an agreement 
on the subject. 
(4) In accordance with the Law on the Protection of Plant Varieties, the 
following shall not be regarded as marketing: 
(a) presentation at contests, collections or exhibitions, insofar as no 
commercial transactions take place at them; 
(b) production and distribution on an experimental scale. 
Application for a "Plant Variety Title" 
(5) Applications for "Plant Variety Titles" shall be governed by the following 
rules: 
(a) Applicant: the applicant for a "Plant Variety Title" shall be the 
breeder or his successors in title, who shall provide adequate proof 
of their status; the application may be filed by a representative 
having his legal domicile in Spain; where the applicant is a 
foreigner, the aforesaid requirement shall be mandatory; 
(b) Application: the application for a "Plant Variety Title" shall be 
filed with the Ministry of Agriculture (National Institute of Seeds 
and Nursery Plants, Madrid) and with its Provincial Delegations, in 
addit ion to the places provided for in Sect ion 66 of the Law on 
Administrative Procedure. 
The application shall be stamped by the office or center concerned, 
with an indication of the date, hour and minute of receipt of the 
filing. 
If the office or center has a record only of the date, the submis­
sion of the documents included in the filing shall be deemed to have 
taken place at midnight on that date. If there is no record of the 
date of the submission to the office or center, such submission 
shall be deemed to have been made on the date of receipt and at the IP/N/1/ESP/P/5 
Page 6 
Plant Variety Protection -No. 67 
time of opening of the package at the Registry of Protected Plant 
Varieties. 
The application shall include at least the following indications: 
(b.l) the genus and/or species to which the variety belongs; 
(b.2) the denomination proposed by the breeder or his successor in 
title; 
(b.3) the name and postal address of the applicant; where the appli­
cant is not the same person as the breeder, the name and address 
of the latter; 
(b.4) nationality of the applicant and, where appropriate, of the 
breeder; 
(b.5) description of the procedure according to which the variety has 
been obtained or discovered; 
(b.6) indication of the country or countries in which a "Plant Variety 
Title" has been applied for and, where appropriate, obtained; 
(b.7) indication, where appropriate, that the variety has been 
recorded in the Register of Commercial Varieties of another 
country, together with the date of such recording; 
(b.B) when the right of priority referred to in Section 10(3) of these 
Rules is claimed, a mention should be made in the application 
of the date of the filing effected earlier in the other country, 
the denomination under which the variety was registered, or, 
failing that, a provisional breeder's reference, the country in 
which protection was applied for and any other information that 
the applicant considers appropriate. 
(c) The application for a "Plant Variety Title" shall be accompanied by 
the following documents: 
(c.l) declaration by the applicant, specifying that the var iety for 
which protection is requested is, in his opinion, a new plant 
variety within the meaning of Section 4(1) of these Rules, and 
that it has not been marketed or offered for sale with the au­
thorization of the breeder or his successors in title in Spain, 
or in any foreign country more than four years previously; 
(c.2) the authorization of the breeder concerned when, for the com­
mercial production of plants or propagating material for the 
variety for which protection is sought, the repeated or syste­
matic use of plants or parts of plants of another protected 
variety is necessary; 
(c. 3) where the applicant is the successor in title to the breeder, 
an authentic document attesting the tranfer of the rights; 
(c.4) where action is being taken by an agent, a document attesting 
his status as such; 
(c.5) where the denomination proposed by the breeder or his successors 
in title is the subject of trademark rights or may create confu­
sion with a trademark, a document shall be filed renouncing the 
said trademark in Spain and in other countries in which the IP/NI1 IESP/P/S 
Page 7 
Plant Variety Protection -No. 67 
variety may be protected by virtue of the conclusion of protec­
tion agreements; 
(c.G) a technical questionnaire in which shall be specified the char­
acteristics of the variety for which the application is filed 
and which are considered worthy of emphasis in the species to 
which the variety to be protected belongs, any differences in 
relation to similar varieties and all characteristics that are 
considered appropriate in individual cases; the Ministry of 
Agriculture (National Institute of Seeds and Nursery Plants) 
shall prepare technical questionnaires for this purpose, which 
shall be at the disposal of all applicants for "Plant Variety 
Titles." 
The application and the technical questionnaire to which the preceding 
Paragraphs refer shall be drawn up in Spanish. For any other document sent to 
the National Institute of Seeds and Nursery Plants, Spanish shall be used or 
the document accompanied by an official translation. 
Initiation of the Procedure 
(G) When the application and the documents provided for in the preceding 
Subsection have been filed, the Registry of Protected Plant Varieties of the 
National Institute of Seeds and Nursery Plants shall proceed to undertake an 
examination of all the documentation available or received, with a view to 
ascertaining whether the following requirements are met: 
(a) compliance with the provisions of the Law on Administrative Proce­
dure concerning the initiation of the procedure; 
(b) inclusion in the application file of the documents provided for in 
Section 4 ( 5) ; 
(c) submission of proof of payment of the fees established by law for 
the processing of the appli~ation. 
If, as a result of the examination undertaken by the National Institute 
of Seeds and Nursery Plants, it is considered that anyone of the requirements 
mentioned above has not been met, the applicant shall be requested to remedy 
the defect within ten days or to submit the supporting documents, as the case 
may be, with the warning that, if this is not done, the application will be 
dismissed without further proceedings. 
For the purpose of priority, dismissed applications shall be regarded as 
not having been filed. 
Examination of the Application 
(7) When the application has been filed and, where appropriate, the require­
ments referred to in the preceding Subsection have been met, examination shall 
be undertaken by the National Institute of Seeds and Nursery Plants (Registry 
of Protected Plant Varieties) within a month following its receipt of the file. 
The said examination shall be confined to: 
(a) determining the clarity of the description of the variety; IP/N/1/ESP/P/5 
Page 8 
Plant Variety Protection -No. 67 
(b) inspecting the documents submitted by the applicant; 
(c) verifying compliance with any other of the requirements provided for 
in Section 4(5). 
If any defect is discovered in the course of the examination, the suspen­
sion of the proceedings shall be pronounced and the applicant shall be allowed a period of two months from the notification in which to remedy the defects or 
put forward appropriate arguments in his defense, being warned that, if this 
is not done, the application shall be rejected. 
If the Registry of Protected Plant Varieties does not find any defect in 
the application and other documents, or if the applicant has rectified within 
the prescribed period the defects brought to his notice, it shall order the 
publication of the application concerned in the "Boletin" referred to in 
Section 17 of these Rules. 
Register of Applications 
(8) The Registry of Protected Plant Varieties shall send the applicant a copy 
of the application for a "Plant Variety Title," with a clear indication of the 
date and time of filing of the application and of the corresponding registra­
tion number. The filing date of the application shall be the one considered 
for the purposes of priority. 
To this end, all applications shall be entered in a Register in the 
chronological order of their filing, and according to the number notified to 
the applicant, which number shall also appear in all notifications provided 
for in these Rules until such time as the "Plant Variety Title" is granted. 
To this end, the following entries shall be made in the Register: 
(a) registration number; 
(b) date and time of filing of the application; 
(c) indication of the genus or species to which the variety belongs; 
(d) name and address of the applicant and of his legal repreaentative, 
if any; 
(e) proposed denomination; 
(f) claim of priority, where appropriate. 
The first page of the Register shall contain a notice stating the number 
of pages that it contains and the date of commencement of the entries in it, 
and the last page shall contain another notice indicating the total number of 
entries. IP/N/lIESP/P/5 
Page 9 
Plant Variety Protection -No. 67 
IV. RIGHTS OF THE BREEDER 
Section 5 
(1) Any breeding of a new plant variety may be the subject matter of a "Plant 
Variety Title" which, on recording thereof in the Register of Protected Plant 
Varieties at the National Institute of Seeds and Nursery Plants, gives the 
holder the exclusive right to produce for commercial purposes, introduce in the 
territorial area to which the Law on the Protection of Plant Varieties applies, 
sell or offer for sale, or use by any means permissible by law material for 
sexual reproduct ion or vegetat i ve propagation, including whole plants. The 
breeder's right shall extend to plants or parts thereof normally marketed for 
purposes other than propagation, especially as regards the commercial produc­
tion of ornamental plants or cut flowers, insofar as those plants or parts 
thereof are used as propagating material. The breeder's right shall not be 
infringed by the use made by a farmer, in his own farm, of seeds or any other 
plant material produced by him (Law No. 12/1975, Section 5(1». 
A "Plant Variety Title" may be held by the breeder who corresponds to the 
definition set forth in Section 3 of these Rules, and by his successors in 
title who provide documentary evidence of their status as such, subject to the 
following conditions: 
(a) where one and the same var iety has been jointly created by two or 
more persons, the right conferred by the Title shall belong indivis­
ibly to all of them; 
(b) where two or more appl icants with equal rights claim the grant of 
breeders' rights independently of one another, in respect of the 
same variety, the rights shall be granted to the party having filed 
the application earlier than the others; 
(c) where the breeder is employed by an enterpr ise, the grant of the 
"Plant Variety Title" shall be governed by the provlslons of 
Sections 29 and 30 of the Decree of January 26, 1944, approving the 
revised text of Book I of the Employment Contract Law, it being 
understood for such purposes that the breeder in question is acting 
as an employee of the enterprise and that the plant variety concept 
is equivalent to the invention concept provided for in the said 
Decree. The Ministry of Agriculture may, on a proposal by the 
Central Board of the Institute, enact as many additional provisions 
as are considered necessary for the proper implementation of the 
provisions of this Paragraph. 
(2) Authorization by the breeder or his 
required either for the utilization of the 
variation for the purpose of creating other 
of such varieties (Law No. 12/1975, Section successors in title shall not be 
new variety as an initial source of 
new varieties or for the marketing 
5(2». 
(3) Author ization shall be required when the repeated or systematic use of 
the plants or parts thereof of the or iginal var iety is necessary for the 
commercial production of plants or propagating material of the new variety 
(Law No. 12/1975, Section 5(3». IP/N/1/ESP/P/5 
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Plant Variety Protection -No. 67 
Section 6 
(1) The grant and the benefits of the "Plant Variety Title" for a new variety 
may not be made subject to conditions other than those set forth in Sections 4, 
10 and 11 of the Law on the Protect ion of Plant Var iet ies, insofar as the 
administrative formalities provided for in the said Law, in these Rules and in 
any additional provisions that may be enacted are complied with. 
(2) A "Plant Variety Title" shall be granted without prejudice to the rights 
of third parties and subject to the limitations established by the Law on the 
Protection of Plant Var ieties. Failure to observe those limitations shall 
render the Title null and void in accordance with the provisions of Section 11 
of the said Law and, where appropriate, the cancellation of its registration 
in the Register of Protected Varieties at the National Institute of Seeds and 
Nursery Plants. 
Licenses for Use 
(3) The holder of a "Plant Variety Title" may, after notification to the 
Registry of Protected Plant Varieties, grant a license for the use of the 
variety covered by the said Title to any person who applies for one, subject 
to compliance with the conditions specified by the said holder and with any 
provisions on the subject in the Law on the Protection of Plant Varieties, 
these Rules and any additional provisions that may be enacted. To this end, 
such contracts shall be registered at the National Institute of Seeds and 
Nursery Plants. 
In all matters relating to licenses for use, the following shall be taken 
into account: 
(a) the contract by which the license for the use of a variety covered 
by a "Plant Variety Title" is granted shall be drawn up in writing 
and shall bear the signature of the contracting parties; 
(b) licenses for use may be exclusive or non-exclusive: 
(b.l) unless the license contract provides otherwise, the grant shall 
not preclude the possibility of the holder granting licenses to 
other persons or undertaking the use of the new plant var iety 
himself, in which case the license shall be considered non­
exclusive; 
(b.2) the grant of an exclusive license for use shall preclude the 
holder of the "Plant Variety Title" from granting licenses to 
other persons and, unless the license contract provides other­
wise, from using the plant variety himself; 
(c) unless expressly provided otherwise, the license shall have the same 
duration as the "Plant Variety Title," and shall cover the entire 
national territory, its maximum duration being limited to the time 
of expiration of the rights; 
(d) unless expressly provided otherwise, licensees may not assign their 
licenses to third parties or grant sub-licenses; 
(e) where a "Plant Variety Title" belongs to more than one person, they 
may only jointly grant licenses to third parties for the use of the 
variety covered by the said Title; IP/NIlIESP/P/5 
Page 11 
Plant Variety Protection -No. 67 
(f) clauses in license contracts that impose marketing restrictions on 
the licensee that are not derived from the rights conferred by the 
"Plant Var iety Ti tIe" shall be considered null and void, and, in 
particular, clauses that impose obligat ions on the licensee for a 
period of time longer than the duration of the "Plant Variety 
Ti tIe" shall be regarded as exceeding the rights inherent in the 
said Title; 
(g) the license for use shall produce its effects in relation to third 
parties only after it has been registered with the National Insti­
tute of Seeds and Nursery Plants; 
(h) without prejudice to the rights conferred by these Rules on the 
Administrative Bodies, questions arising out of license contracts 
shall be within the competence of the Courts of Justice. 
(4) Where the holder of a "Plant Variety Title" is an official body estab­
lished in Spain, it shall be obliged to grant a license for the use of the 
variety covered by the said Title to any person who applies for one and 
presents legal, technical and professional guarantees. Such license may in no 
case have exclusive character. Where the applicant for a license is a 
foreigner, the transaction shall be governed by the principle of reciprocity 
(Law No. 12/1975, Section 6(4». 
Where the license for use is granted by an official body, Paragraphs (a), 
(c), (e), (f) and (g) of the foregoing Subsection shall apply, and the licensee 
may not in any case assign the license to third parties or grant sub-licenses. 
Prohibition to Exploit Certain Plant Varieties 
(5) Without prejudice to the rights belonging to the Public Administration in 
matters of health, the diffusion and use of certain plant varieties which, 
having received a "Plant Variety Title," could present a health risk or similar 
risks, may be prohibited by Decree approved by the Council of Ministers, on a 
proposal by the Minister for Agriculture. 
Section 7 
(1) The Courts of Justice shall be competent in all questions relating to the 
ownership of a "Plant Variety Title." 
(2) The holder of a "Plant Var iety Title" may inst i tute ci vi! or cr iminal 
proceedings before the Courts of Justice against any person who infringes the 
rights granted by the Law on the Protection of Plant Varieties. 
(3) Legal proceedings concerning plant breeders' rights may only be instituted 
by one of the parties. 
(4) Plant breeders' rights are transferable by any means admitted in law, 
without prejudice to the limitations established by the Law on the Protection 
of Plant Varieties: such transfer shall only be effective in relation to third 
parties when they have been recorded in the Register of Protected Plant Vari­
eties. IP/NIlIESP/P/5 
Page 12 
Plant Variety Protection -No. 67 
(5) Unless expressly agreed otherwise, the licensee may be party to legal 
proceedings to the same extent as the holder of a "Plant Variety Title" 
without any formality other than notification in writing to the holder of 
having become a party to the legal proceedings, in the event that the latter 
should think it advisable to be a party (Law No. 12/1975, Section 7). 
Section 8 
(1) The "Plant Var iety Title" shall be granted by order of the Ministry of 
Agriculture, on a proposal by the Central Board of the National Institute of 
Seeds and Nursery Plants, pursuant to Section 16 of these Rules. The effects 
of the "Plant Variety Title" shall begin on the date of its grant. 
When the application has been accepted for processing and, subsequently, 
the "preliminary examination" carried out in accordance with the provisions of 
Section 4(2) of these Rules, the Commissions of Plant Variety Protection shall 
decide on the proposal that has to be made with respect to registration at the 
Registry of Protected Plant Varieties. 
The "Plant Variety Title" shall be issued by the National Institute of 
Seeds and Nursery Plants and shall contain the following particulars: 
(a) name of the applicant; 
(b) if the applicant is not the actual breeder, the name of the latter 
must appear in the "Plant Variety Title"; 
(c) denomination of the variety and description of it according to the 
minimum data appearing in the model descriptive form approved by 
the National Institute of Seeds and Nursery Plants; 
(d) date and time of filing of the application, and date corresponding 
to the grant of the Title by the Ministry of Agriculture; 
(e) all particulars concerning priorities, where priorities have been 
claimed; 
(f) where the variety covered by the Title has different denominations 
in a country or countries with which a collaboration agreement has 
been signed, such denominations must be mentioned for information; 
(g) date of expiration. 
The grant of the Title shall be published in the Boletin del Registro de 
Variedades Protegidas, pursuant to the provisions of Section 17 of these Rules, 
within a period of three months from the grant by the Ministry of Agriculture. 
When the grant of the Title has been published in the Boletin del 
Registro de Variedades Protegidas, any person may, subject to payment of the 
fee established by law, obtain from the Registry 0: Protected Plant Varieties 
information regarding the documents that accompanied the application, the 
documents relating to the preliminary examination and the document containing 
the decision adopted. 
Nevertheless, where this is considered necessary by the Commission of 
Plant Variety Protection, such provisions shall be enacted as are required to 
safeguard secrets concerning the procedure whereby the new plant var iety was 
obtained. IPINI1/ESPIP/5 
Page 13 
Plant Variety Protection -No. 67 
(2) The grant of a "Plant Variety Title" shall immediately give rise to an 
entry in the Register of Protected Plant Varieties at the National Institute 
of Seeds and Nursery Plants, which is mentioned in Law No. 11/1971, and to the 
inclusion of the variety in the list of protected varieties which shall be 
periodically published by the above-mentioned Institute in the Boletin del 
Registro de Variedades Protegidas. 
To this end, a Register shall be kept of "Plant Variety Titles," which 
shall be ordered according to the date on which they were granted. 
The following entries shall, in addition, be made in the Register: 
(a) serial number of the grant of the Title; 
(b) genus and species to which the variety belongs; 
(c) approved denomination, together with others under which the variety 
appears in a country or countries with which a collaboration agree­
ment has been signed; 
(d) summary description of the variety; 
(e) name and address of the o~ner of the Title, and name and address of 
the breeder, where the latter is not the same as the former; 
(f) where applicable, claim of priority; 
(g) dates on which protection begins and ends, and date on which, for 
any reason, it ends prior to the established term. 
A mention shall also be made in the Register of judicial decisions, if 
upheld, in which the ownership of the right is specified, as well as all those 
that relate to transfers of the ownership of "Plant Variety Titles," and 
licenses granted. 
(3) The "Plant Variety Title" shall be provisional for two years, after which 
time it shall automatically become definitive if, within that two-year period, 
no objection is submitted to the act of making the said grant. Once defini­
tive, either because the provisional period has expired, or by decision made 
on the above-mentioned objection pursuant to Section 121 of the Law on Admin­
istrative Procedure, the appropriate legal proceedings may be brought. The 
provisional character of the Title, while in force, shall be clearly stated on 
any document, packag ing or advert isement relat ing to the product covered by 
the said Title (Law No. 12/1975, Section 8(3». 
(4) During the period in which the Title is 
enjoy all the rights granted under the Law 
Varieties. The said period shall be included, 
protection (Law No. 12/1975, Section 8(4». 
Section 9 provisional, the breeder shall 
on the Protection of Plant 
in each case, in the period of 
(1) The rights conferred on the breeder of a new plant variety shall be 
granted for a limited period, which may not be less than 15 years for herba­
ceous plants or 18 years for trees; this period shall run from the date of 
the grant of the "Plant Variety Title" (Law No. 12/1975, Section 9(1». IP/N/lIESP/P/5 
Page 14 
Plant Variety Protection -No. 67 
(2) The maximum period of protection for any species or group of species may 
not exceed 20 years. 
When detailed provisions are enacted by the Ministry of Agriculture for 
the entry into force of protection for each genus, species or group of 
species, the maximum period of protection shall be indicated in each case. 
Section 10 
(1) All foreign breeders shall enjoy the same rights as national breeders, 
provided that the legislation of their countries of origin applies the prin­
ciple of reciprocity or that other international agreements to which Spain is 
party establish such reciprocity (Law No. 12/1975, Section 10(1». 
On a proposal by the Commission of Plant Variety Protection, through the 
Central Board of the National Institute of Seeds and Nursery Plants, and after 
examination of the legislation on the protection of each species and country 
concerned, specific provisions shall be enacted by the competent Ministry or 
Ministries establishing the aforementioned reciprocities. 
(2) The aforementioned foreign breeders shall, in their relations with the 
Spanish Public Administration and with the private producers or growers of the 
propagating material, be represented by a person lawfully resident in Spain, 
who shall be given sufficient authority to guarantee such commitments as the 
breeder or his successors in title may contract. The grant and the rights 
derived from it shall remain subject, in all cases, to the performance of the 
obligations of the Title holder (Law No. 12/1975, Section 10(2». 
(3) When applying for a "Plant Variety Title," the applicant may claim the 
priority of any applications previously filed for the same plant variety in any 
State with which Spain has an agreement in this respect, on condition that the 
filing of the application in Spain takes place within a period of 12 months 
from the filing of the first application (Law No. 12/1975, Section 10(3». 
Subject to the transitional provlslons of these Rules, the right of 
priority may only be claimed by breeders who: 
(a) within three months from the date on which the application was 
filed, submit to the Registry of Protected Plant Varieties a copy 
of the documents relating to the application filed in another 
country, with certification by the competent authority of the 
authenticity of the said copies; 
(b) within four years from the date on which the application was filed, 
supply all the additional documentation mentioned in Section 4(5) 
of these Rules, and, where the Registry of Protected Plant Varieties 
considers this necessary, propagating material for the carrying out 
of the preliminary examination. 
Section 11 
(1) The "Plant Variety Title" shall be declared null and void: 
Ca) when the Title holder does not have a right to obtain it according 
to the provisions laid down in Section 3 of these Rules; IP/N/lIESP/P/5 
Page 15 
Plant Variety Protection -No. 67 
(b) when the plant variety in 
granted does not meet the 
Section 4 of these Rules. respect of which the Title has been 
requirement of novelty laid down in 
In the cases mentioned above, and in accordance with the provisions of 
Section 16 of these Rules, invalidation shall be pronounced by the Minister 
for Agr iculture on a proposal by the Commission of Plant Variety Protect ion 
and through the Central Board of the National Institute of Seeds and Nursery 
Plants. 
(2) Act ion for nulli ty may be brought 
entire period of protection afforded 
No. 12/1975, Section 11(2}}. by any 
by the interested party during the 
"Plant Variety Title" (Law 
(3) The right of the breeder or his successors in title shall be extinguished 
in the following cases: 
(a) at the request of the Title holder himself; such request shall be 
filed in writing with the Office of the Registry of Protected Plant 
Varieties by the Title holder or by a person specially empowered to 
do so; where the Title is shared equally by more than one person, 
the request for lapse shall be taken into consideration only if it 
is filed jointly by all those persons; where licenses for use of 
the var iety covered by the Ti tle have been granted by the Title 
holder, renunciation may be taken into consideration only if it is 
accompanied by the appropriate document in which the consent of all 
the licensees to such renunciation is expressed; 
(b) when there has been a failure to maintain the conditions of homo­
geneity and stability laid down in Section 4 of these Rules; 
(c) when neither the Title holder nor his licensees have reproductive 
or propagating material capable of producing the new variety, as 
defined when the "Plant Variety Title" was granted; 
(d) when neither the Title holder nor his licensees submit, within the 
required time limit, the reproductive or propagating mater ial, or 
the information or documents deemed necessary for examInIng the 
variety, or do not allow inspection of the measures which have been 
taken for the maintenance of the same var iety, according to the 
rules laid down for that purpose; 
(e) when the legally established fees have not been paid within the 
prescribed period or the requests for payment have not been met; 
(f) when the Title holder does not agree to grant a license to use the 
new variety, pursuant to Section 12(1) of these Rules; 
(g) when an objection or administrative appeal, filed pursuant to 
Section 8(3) of these Rules, has been upheld by a final and defini­
tive decision; 
(h) when the period of time laid down by Section 8 of these Rules 
expires. 
When either Paragraph (c) or (d) of the present Subsection is applicable, 
the Commission of Plant Variety Protection shall request of the Title holder 
that he remedy the situation that has given rise to such applicability. If 
such request has no effect on expiration of a period of two months from its 
notification, the Commission may propose the extinction of the right. IP/N/lIESP/P/5 
Page 16 
Plant Variety Protection -No. 67 
Wher, there is cause for th,.'.! extinction of the right for any of the 
reasons o~~ccified in the Paragraplls of the present Subsection, such extinction 
shall to'B place by order of the Ministry of Agriculture, on the proposal of 
the Commission of Plant Variety Protection through the Central Board of the 
Institute. 
(4) Upon the extinction, for whatever reason, of the right of the breeder or 
his successors in title, the plant variety protected by that right shall fall 
into the public domain. 
Section 12 
Compulsory Licenses for Use 
(1) The Ministry of Agriculture shall be entitled to order that a plant 
variety for which a "Plant Variety Title" has been granted shall be subject to 
compulsory licensing, either because of unjustified failure to use or because 
the public interest so dictates (Law No. 12/1975, Section 12(1». 
(a) Unjustified Failure to Use 
Upon expiration of a period of four years from the date on which a 
"Plant Variety Title" was granted in respect of a given variety, 
unjustified failure to use shall be considered to exist if any of 
the following circumstances are present: 
(a.l) the var iety protected by the Ti tle and suscept ible of use in 
Spain does not cover adequately the needs of the national 
market, thereby prejudicing the general interest; 
(a.2) use of the variety in Spain is considerably hampered by the fact 
that it is imported; 
Ca.3) the holder of the "Plant Variety Title" refuses to grant 
licenses for use on reasonable conditions, thereby unfairly and 
substantially limiting the satisfaction of such demand as may 
exist for the variety covered by the Title. 
When an application for the grant of a compulsory license is received by 
the Registry of Protected Plant Varieties, it shall be transmitted to the 
Commission of Plant Variety Protection, which, after having heard the breeder, 
and in the light of the provisions of the foregoing Paragraphs, shall consider 
whether or not to propose to the Ministry of Agriculture, specifying the rea­
sons for the insufficient use of the variety in respect of which the applica­
tion for a compulsory license has been received, that it be made subject to 
compulsory licensing. 
Cb) National Interest 
The Government may, by Decree passed in the Council of Ministers, 
decide that, in view of the vital importance of a variety to the 
defense, national economy or public health of the country, its use 
is regarded as being in the national interest. On publication of 
such Decree, the Ministry of Agriculture shall order that the vari­
ety concerned be made subject to compulsory licensing, according to 
the grant procedure specified hereafter; the holder of the "Plant 
Variety Title" shall nevertheless be allowed a period of six months IP/N/1/ESP/P/S 
Page 17 
Plant Variety Protection -No. 67 
from the publication of the said Decree in which to provide for the 
adequate use of the variety, on expiration of which the variety 
shall be finally subject to compulsory licensing. 
(2) For the purposes of Subsection (1) of this Section, any person providing 
legal, technical and professional guarantees may apply to the Registry of 
Protected Plant Varieties for the grant of a compulsory license for use, 
which, once granted, shall have the following characteristics: 
(a) Characteristics of Compulsory Licenses for Use 
(a.l) A compulso.:-y license may in no case be exclusive, so that the 
holder of the corresponding "Plant Variety Title" shall retain 
the right to use the variety and to grant non-compulsory 
licenses; further compulsory licenses for use may likewise be 
granted; 
(a.2) the license agreement may contain obligations and restrictions 
on both the Title holder and the licensee; 
(a.3) the rights deriving from the compulsory license may not be 
transferred or assigned, neither may sub-licenses be granted; 
(a.4) their duration shall be not longer than that of the "Plant 
Variety Title", and they may be cancelled at any time under the 
circumstances specified below. 
(b) Procedure for the Grant of Compulsory Licenses for Unjustified 
Failure to Use 
The grant of a compulsory license for use shall be governed by the 
provisions set forth below: 
(b.l) it shall be an essential requirement for an application for a 
compulsory license that the interested party previously approach 
the holder of the "Plant Variety Title," requesting a license 
for use with the characteristics specified in Section 6(3) of 
these Rules; if, after two months following the said request, 
no agreement has been reached between the part ies, the inter­
ested party may apply to the Registry of Protected Plant Vari­
eties for the grant of a compulsory license, providing evidence 
of the circumstances justifying it and of the guarantees that 
he can offer in the event of the license being granted; 
(b.2) when the application has been received by the Registry of Pro­
tected Plant Varieties, it shall be communicated to the holder 
of the "Plant Variety Title," who shall have a maximum period 
of one month within which to comment thereon; failure to reply 
shall constitute consent to the grant of the license; 
(b.3) in the event of the Title holder giving his consent, the Regis­
try of Protected Plant Varieties shall request the parties to 
attempt, within a further period of two months, to agree on the 
royalty to be paid and on bther conditions of the license, and, 
where applicable, to legalize the respective license agreement; 
(b.4) where the Title holder refuses to grant a license, he shall 
notify the Registry of Protected Plant Varieties accordingly 
dur ing the maximum per iod of one month referred to above and 
provide proof justifying his attitude; in this event, both the 
refusal on the part of the Title holder and the proof he pro-IP/N/lIESP/P/5 
Page 18 
Plant Variety Protection -No. 67 
duces in support of it shall be transmitted to the applicant, 
who, within a period of one month, shall present such arguments 
as he considers approppriate to the Registry of Protected Plant 
Varieties; 
(b.5) after all the prior documents have been obtained, the Registry 
of Protected Plant Var ieties shall inform the Commission of 
Plant Variety Protection, which shall decide on the desirability 
of granting a compulsory license; 
(b.6) if the Commission considers adequate the arguments presented by 
the Title holder to justify the non-use or insufficient use, it 
shall declare the suspension of the proceedings and shall indi­
cate to the Title holder the period within which he has to make 
effective use or extend such use; if the Commission considers 
the grant of a compulsory license appropriate, it shall again 
request the interested parties to endeavor to reach agreement 
within a maximum period of two months concerning payment and 
other conditions of the license; 
(b.7) if no such agreement is eventually reached, the Commission 
shall, within a period of two months, propose to the Ministry 
of Agriculture through the Central Board of the Institute that 
a compulsory I icense for use be granted fixing royalties and 
other conditions to which it shall be subject. 
(c) Procedure for the Grant of Compulsory Licenses for Reasons of 
National Interest 
On publication of the Ministerial Order by which a variety is 
declared subject to compulsory licensing for reasons of national 
interest, any interested party may apply to the Registry of Pro­
tected Plant Var iet ies for the grant of a I icense for use. When 
the application has been communicated to the holder of the "Plant 
Var iety Title," the latter shall have a per iod of one month in 
which to reach an agreement with the applicant, on expiration of 
which the provisions of Subparagraph (b.7), above, shall apply. 
(d) Special Compulsory Licenses for Use 
In duly justified cases the Ministry of Agriculture may, at any 
time, obtain ex officio a compulsory license for use where such use 
is to be made by the Ministry and for its own account. Such license 
shall be obtained by Order of the said Ministry, which Order shall 
specify the conditions governing the licence. 
(e) Cancellation of Compulsory Licenses for Use 
The cancella~ion of a license shall b~ granted by the Minister for 
Agriculture on a proposal by the Commission of Plant Variety Pro­
tection through the Central Board only at the request of the holder 
of the "Plant Variety Title" and in either of the following cases: 
(e.l) failure on the part of the licensee to comply with his obliga­
tions; 
(e.2) disappearance of the circumstances that caused the variety to 
be subject to compulsory licensing for use. IP/N/1/ESP/P/5 
Page 19 
Plant Variety Protection -No. 67 
In the second of the above cases, the licensee shall be allowed a 
period not exceeding three years within which to discontinue his 
use of the variety covered by the license. 
(3) In any of the cases referred to in the preceding Subsections of this 
Section, the right of the breeder shall at all times be guaranteed. 
V. DENOMINATION OF VARIETIES 
Section 13 
(1) A new plant variety shall be given a single denomination which permits 
its identification. Such denomination shall be considered the generic 
designation of the variety (Law No. 12/1975, Section 13(1». 
(2) The denomination of the new variety shall not be exclusively composed of 
figures, or be liable to mislead or cause confusion concerning its character­
istics, its usefulness or the identity of the breeder. It shall be different 
from every denomination which designates other existing varieties belonging to 
species included in the same class, which species shall be specif ied in the 
list annexed to these Rules. In particular, the following provisions shall be 
complied with: 
(a) the denomination given shall not be different from that used in 
another country in which registration has been effected or is pend­
ing and with which Spain has entered into a collaboration agreement; 
nevertheless, where linguistic difficulties of pronunciation exist, 
the variety may, subject to approval, be designated by a translation 
of the original denomination or by another denomination; 
(b) the denomination shall consist of one to three words, with or with­
out meaning, which shall be easy to pronounce and memorize, and 
shall be capable of use as the generic designation of the variety; 
(c) from one to a maximum of four figures may be included if they have 
some meaning in relation to the words they accompany; 
(d) a denomination may not 
alteration of figures 
approved and is in use; consist in the substitution, 
in a denomination that has addition or 
already been 
(e) where a variety is to be used exclusively for the production of 
propagating materials of other varieties, its denomination may con­
sist of a combination of figures and letters, provided that, in the 
opinion of the competent authority, such a combination corresponds 
to an established international standard concerning denominations 
for the species concerned; 
(f) the denomination may not consist of any element which, at the end 
of the period of protection of the variety, would prevent or hamper 
the free use of the denomination or prevent the free marketing of 
the variety; 
(g) the denomination may not in any case be the botanical or common name 
of a genus or species, neither may it include that name if a risk 
of error or confusion is thereby created; IP/NIlIESP/P/5 
Page 20 
Plant Variety Protection -No. 67 
(h) the denomination may llot contain words such as variety, cultivar, 
form, hybrid or cross, or translations of such words; 
(i) the denomination given to a variety may not suggest that the said 
variety is developed from or related to another known variety when 
this is not certain; 
(j) a new variety may not be given a denomination that has been pre­
viously used for another variety belonging to species in the same 
class, in accordance with the list appearing in the Annex to these 
Rules, if it is found by the competent author ity that the var iety 
is still being grown or that its denomination still has special 
importance; 
(k) the denomination shall permit identification of the new variety, 
without risk of confusion, by an averagely attentive buyer; 
(1) in particular, the denomination shall not: 
(1.1 ) 
(1. 2) 
(1. 3) be liable to cause scandal; 
indicate solely properties that may be possessed by other vari­
eties of the same species; 
be inadequate for linguistic reasons. 
(3) In general, denominations shall comply with international conventions on 
the subject to which Spain is party. Consequently, the Ministry of Agriculture 
shall enact such provisions as are necessary for the adaptation of the stan­
dards laid down in Subsection (2) of this Section to the conventions concerned. 
Section 14 
(1) The denomination of a new plant variety shall be registered at the same 
time as the issuance of the "Plant Variety Title" (Law No. 12/1975, 
Sect ion 14 ( 1 ) ) . 
(2) The breeder or his successor in title may not submit as the denomination 
of a new variety either a denomination already protected in Spain or in coun­
tries with which agreements on plant variety protection have been established, 
by a trademark relating to identical or similar products or a denomination 
1 iable to cause confus ion with such a trademark, unless he undertakes to 
renounce his rights in the trademark as from the grant of the "Plant Var iety 
Title." If the breeder or his successor in title nevertheless submits such a 
denomination, he may not, as from the time when the "Plant Variety Title" is 
registered, continue to exercise his rights under the trademark in respect of 
the products specified, unless international agreements require otherwise (Law 
No. 12/1975, Section 14(2». 
(3) The denomination given to a protected plant variety may not be registered 
as a trademark (Law No. 12/1975, Section 14(5». 
(4) Notwithstanding the foregoing Paragraph, it shall be permitted, for 
marketing purposes, to add a trademark to the denominat ion of the new plant 
variety, if the breeder owns the trademark or is authorized to use it (Law 
No. 12/1975, Section 14(6». IP/N/lIESP/P/5 
Page 21 
Plant Variety Protection -No. 67 
(5) Before a "Plant Variety Title" is entered in the Register of Protected 
Plant Varieties at the National Institute of Seeds and Nursery Plants, the 
denomination submitted for the new plant variety shall be notified to the 
Industr ial Property Registry, in order that the latter may report on it (Law 
No. 12, 1975, Section 14(4». 
The said body shall have a period of 30 working days from the receipt of 
the communication in which to convey to the Registry of Protected Plant Vari~ 
eties any objections that it may see fit to make, arising from the fact that 
the said denomination: 
(a) had been filed as a trademark; 
(b) may create confusion with a registered trademark. 
After the grant of the "Plant Variety Title" for a given variety, and 
within a period of 15 working days from such grant by the Registry of Protected 
Plant Varieties, the following shall be communicated to the Industrial Property 
Registry: 
(a) the denomination under which the variety is registered; 
(b) where applicable, a copy of the instrument of renunciation, on the 
part of the holder of the "Plant Var iety Title," of his trademark 
rights if such were previously owned. 
(6) Independently of the communications that have to be exchanged by the 
Registries referred to in the preceding Subsection on the subject of denomi­
nations, all the communications that are prescribed by international colla­
boration agreements on protection that may be or have been concluded by Spain 
shall also be made. 
(7) If the denomination submitted by the breeder or his successor in title 
does not meet the requirements provided for in these Rules, the Registry of 
Protected Plant Varieties shall inform the applicant accordingly, who shall be 
allowed 30 days from the date of the communication in which to propose a new 
denomination. Where such new denomination is also not accepted, up to two 
further denominations may be proposed within 15 days from the notification 
sent by the Registry. 
Where the applicant exhausts the period or the number of denomination 
proposals specified above, the Registry of Protected Plant Varieties may 
propose to him two successive denominations before expiration of a period of 
two months from the first notification; if the latter denominations are not 
accepted, the proceedings shall be suspended and the applicant shall be 
informed accordingly. 
VI. BODY IN CHARGE OF PLANT VARIETY PROTECTION 
Section 15 
The functions entrusted to the Ministry of Agriculture under the Law on 
the Protection of Plant Varieties and under these Rules shall be exercised by 
the National Institute of Seeds and Nursery Plants, established by IP/N/lIESP/P/5 
Page 22 
Plant Variety Protection -No. 67 
Law No. 11/1971 of March 30, 1971. The functions of the said Institute shall, 
in particular, be the following: 
(a) preparation of the technical questionnaires which, for each species 
or group of species, have to be filed with the application for a 
"Plant Variety Title"; 
(b) receipt and processing of applications for "Plant Variety Titles"; 
(c) conduct of the preliminary examination for the assessment of the 
novelty, stability and homogeneity of a variety; when circumstances 
so dictate, collaboration agreements may be concluded to this end 
with other national or foreign bodies and institutions; 
(d) publication of the Boletin del Registro de Variedades Protegidas; 
(e) issuance of "Plant Variety Titles" after their grant by the Minister 
for Agriculture; 
(f) recording of registrations and cancellations of "Plant Variety 
Titles" in the Register referred to hereinabove; 
(g) recording of granted license contracts; 
(h) preparation and implementation of agreements concluded with inter­
national organizations or other countries on the protection of plant 
varieties; 
(i) conduct or relations with international bodies or countries with 
which Spain has entered into agreements on the protection of plant 
varieties, except where the general legislation of the Spanish State 
provides otherwise; 
(j) preparation and proposal of decisions concerning such sanctions as 
may be initiated by itself or at the request of third parties; 
(k) drafting of regulations and standards, reports and all such docu­
ments as are necessary for the implementation and control of pro­
tection, and which have to be submitted to the Commission of Plant 
Variety Protection for consideration; 
(1) receipt of and compliance with requests addressed to it by judicial 
authorities in connection with any disputes that may arise concern­
ing the protection of plant varieties; 
(m) all others that are entrusted to it by law. 
Section 16 
Commission of Plant Variety Protection 
The Commission of Plant Variety Protection, established by the Law on the 
Protection of Plant Varieties, within the Central Board of the National Insti­
tute of Seeds and Nursery Plants, organized by Law No. 11/1971 of March 30, 
1971, shall be composed as follows: 
President: the President of the Central Board of the National Institute 
of Seeds and Nursery Plants; 
Vice-President: the Director of the National Institute of Seeds and 
Nursery Plants; IP/N/l/ESP/P/S 
Page 23 
Plant Variety Protection -No. 67 
Members: those members of the Central Board appointed by its President, 
among whom there shall be a representative of the National Institute of Agrar­
ian Research and two agrarian representatives of the Trade Union Organization; 
Legal Adviser: the Head of the Legal Department of the Ministry of Agri­
culture; 
Technical Advisers: persons with recognized competence in botany, gene~ 
tics, reproduction of seeds and nursery plants and legal problems relating to 
plant variety protection, appointed by the President; 
secretary: the Technical Administrator of Laboratories and Registers of 
Protected Commercial Varieties. 
Tasks of the Commission 
Among other tasks, the Commission of Plant Variety Protection shall: 
(a) propose to the Minister for Agriculture, after consideration of 
such reports as have been submitted to it, and through the Central 
Board of the Institute, the issuance, revocation, declaration of 
lapse and, if appropriate, annulment of "Plant Variety Titles"; 
(b) propose to the Minister for Agriculture, through the Central Board 
of the Institute, the grant or cancellation of compulsory licenses 
for use; 
(c) propose to the Minister for Agriculture, through the Central Board 
of the Institute, such provisions as are necessary for the estab­
lishment of relations between an enterprise and its employees con­
cerning the ownership of a plant variety; 
(d) enact such provisions as are necessary 
secrecy of plant varieties in respect 
Titles" have been granted; in order to safeguard the 
of which "Plant Variety 
(e) inform the competent Ministry or Ministr ies, through the proper 
channels, of all matters relating to the possible establishment of 
reciprocity with foreign countries, and of everything related to the 
establishment of international agreements under which Spain has to 
take action in the interests of protection; 
(f) propose, in general, the measures and rules intended for the pro­
tection of breeders' rights; 
(g) propose, through the Central Board of the Institute, rules for the 
application of breeders' rights to the different genera or species; 
(h) report on matters concerning plant variety protection submitted by 
the President for study; 
(i) carry out any other tasks which may be entrusted to it by any law 
or rules. IP/N/lIESP/P/5 
Page 24 
Plant Variety Protection -No. 67 
General Rules Goverr~~.ng the 0e,::,ation of the Commission 
The constitution and operation of the Commission of Plant Variety Protec­
tion shall be governed by the following provisions: 
(a) the maximum number of members designated by the President that the 
Commission may comprise shall not exceed 12, a maximum of six of 
whom shall be ordinary members while the remainder shall be techni­
cal advisers; 
(b) the technical advisers and ordinary members shall be designated for 
a maximum period of four years; their appointment may be renewed 
on expiration of their term of office; 
(c) the President, and all the members constituting the Commission, 
shall observe secrecy regarding the deliberations and agreements 
that take place within the said Commission; 
(d) when any member of the Commission has any interest in the grant or 
reject ion of a "Plant Var iety Title," he may not take part in the 
deliberations concerning the variety covered by the said Title; 
(e) the Commission may conduct business, and its agreements shall be 
valid, when the number of members present is more than half of the 
total membership; 
(f) the functions of the President of the Commission of Plant Variety 
Protection shall be to: 
(f.l) 
(f. 2) assume the representation of the Commission as a whole; 
convene and preside over the meetings of the Commission, which 
functions he may delegate to the Vice-President thereof; 
(f.3) implement, with the assistance of the Secretary, the agreements 
adopted within the Commission; 
(f. 4) present to the Minister for Agr iculture the proposals agreed 
upon by the Commission of Plant Variety Protection and such 
decisions as are adopted in accordance with the tasks assigned 
to him under the Law on the Protect ion of Plant Var iet ies and 
these Rules; 
(f. 5) designate the technical advisers and the ordinary members for 
the prescribed period; 
(f.6) constitute such expert commissions as he considers necessary, 
which commissions shall be presided over by the Secretary of 
the Commission of Plant Variety Protection; 
(f.7) invite the attendance, with the right to speak but not vote, of 
persons who have a recognized competence considered desirable 
under certain circumstances. IP/N/lIESP/P/5 
Page 25 
Plant Variety Protection -No. 67 
Section 17 
Bulletin of the Registry of Protected Plant Varieties 
(Boletin del Registro de Variedades Protegidas) 
(1) The National Institute of Seeds and Nursery Plants shall periodically 
publish a Boletin del Registro de Variedades Protegidas, in which applications 
for registration, denominations submitted and denominations approved shall be 
recorded, as well as the grant of "Plant Variety Titles" and other non-confi­
dential information, in order to ensure better public knowledge of the area 
concerned (Law No. 12/1975, Section 17(1». 
This publication shall be issued at least quarterly. Its main purpose 
shall be to bring to the notice of the public all applications for "Plant 
Variety Titles" and other information, in order that any interested party may 
make such objections as he considers appropriate, which objections shall, in 
all cases, be submitted in writing to the Registry of Protected Plant Varieties 
of the National Institute of Seeds and Nursery Plants within the periods 
specified hereinbelow. 
The following Chapters shall appear in the said publication: 
(a) Applications for "Plant Variety Titles": if, after examination of 
the application, it is found to be in order, it shall be published 
in the "Boletin," with the indication for each application of the 
reference number in the Register of Applications, the name and 
address of the applicant, and of the breeder where it is not the 
same as that of the applicant, and the denomination proposed for 
the variety. Where this is considered appropr iate, one or more 
important characteristics may be mentioned which are thought to be 
capable of serving to classify the variety in any way; 
(b) Denominations: all proposed denominations shall appear in another 
Chapter, with references to the applicant and breeder. All propo­
sals for changes in denomination of varieties previously covered by 
"Plant Variety Titles" shall also be published. Denominations that 
have been registered in different countries for the same variety 
may be indicated for the purposes of information; 
(c) "Plant Variety Titles" Refused: another Chapter shall include the 
varieties which are regarded as not warranting the grant of the 
corresponding Title, with an indication of the reference number in 
the Register of Applications, the name and address of the applicant 
and breeder, the denomination proposed and the date of refusal; 
(d) "Plant Variety Titles" Granted: these Titles shall be published in 
the "Boletin" with an indication for each of them of the reference 
number in the Register of Applications, the reference number of the 
Title granted, the name and address of the Title holder, and of the 
breeder where different from that of the Title holder, the approved 
denominat ion of the var iety covered by the Title, the duration of 
protection, and the date on which that protection expires; 
(e) Licenses for Use: all licenses for use entered in the Register 
shall be mentioned, with an indication of the holder of the "Plant 
Variety Title," the licensee, the denomination of the variety and 
the date on which the license concerned was granted. Information IP/N/1/ESP/P/5 
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Plant Variety Protection -No. 67 
shall also be published on plant varieties that have been made 
subject to compulsory licensing for use for reasons of national 
interest; 
(f) Revocation and Lapse: another Chapter shall record any revocation 
and lapse of granted Titles that occur, with a mention, in addition 
to the name and address of the Title holder and breeder, of the 
dates on which the said acts took place and of the denominations of 
the varieties covered by the Titles. 
In addition to the publication of the information specified above, a 
record shall be made in the "Boletin" of all transfers of Titles that take 
place, and, in general, of all information of a general character that is 
considered suitable for publication. 
Any information concerning the Register of Commercial Varieties that has 
a bearing on the protection of plant varieties may also be included in the 
"Boletin." 
Any person who wishes to make an observation concerning the information 
published in the Boletin del Registro de variedades Protegidas shall do so 
within a period of two months from its publication. 
(2) The National Institute of Seeds and Nursery Plants shall issue such 
reports as are requested of it by the Courts of Justice concerning breeders' 
rights. 
VII. INFRINGEMENT AND PENALTIES 
Section 18 
(1) Fe ,e purposes of Section 7, any person who infringes breeders' rights 
in any the following ways shall incur civil liability, and be obliged in 
all cases to furnish compensation for the damage and loss caused thereby: 
(a) producing for commercial 
material of the protected 
provisions of Section 5(1); purposes or 
plant variety, marketing reproductive 
in disregard of the 
(b) market ing plants or parts thereof normally marketed for purposes 
other than propagation, if they are then used as propagating 
material, in disregard of the provisions of Section 5(1); 
(c) repeatedly using reproductive material of a protected plant variety 
for the production of propagating material of a new plant variety; 
(d) contracting for the transport of the propagating material of a pro­
tected plant variety to a territory outside the scope of application 
of the Law on the Protection of Plant Varieties without special 
authorization from the Title holder. 
(2) All those mak ing any other use of the protected plant variety or those 
who in any other way infringe the breeders' rights granted by the Law on the 
Protectior, of Plant Varieties shall be obliged to furnish compensation for the 
damage anti loss caused thereby only when their conduct involves fault or negli-IP/N/lIESP/P/5 
Page 27 
Plant Variety Protection -No. 67 
gence. The existence of fault shall be presumed from the time when the person 
responsible for such acts has been warned by the holder of the "Plant Variety 
Title" about the existence of the same and required to cease infringing the 
said Title. 
(3) The compensation for damage and loss in favor of the holder of the "Plant 
Variety Title" shall include not only the amount of the loss and of the profit 
which would otherwise have been obtained, but also damages for the loss of the 
goodwill attaching to the plant variety caused by inadequate use made by the 
infringer. 
(4) The relevant general legislation on limitation of actions shall apply to 
the civil action for compensation of damage and loss. 
(5) In addition to compensation for damage and loss, the injured Title holder 
shall be entitled to: 
(a) the cessation of the act infringing his right; 
(b) the withdrawal from circulation of all the plant material obtained 
through illegal acts that is in the possession of any of the persons 
responsible, and its destruction if this is indispensable; 
(c) reversion to himself, as his own property, of the plant material 
referred to in the last-mentioned Paragraph, in which case allowance 
for its value shall be made in calculating the compensation for 
damage and loss. If the value of the above-mentioned plant material 
exceeds the compensations to be granted, the injured Title holder 
shall compensate the infringer for the excess; 
(d) the publication of the judgment, at the expense of the losing 
party, in the "Boletin" referred to in Section 17 of these Rules 
(Law No. 12/1975, Section 18). 
Section 19 
(1) Any willful infringement of the exclusive right given by the "Plant 
Variety Title" to its holder shall be punished according to the provisions of 
Section 534 of the Criminal Code. 
(2) Criminal proceedings may only be brought by the injured Title holder or 
his licensee, or his successors in title. 
(3) The relevant general legislation shall apply to criminal proceedings and 
to the civil action resulting from the crime (Law No. 12/1975, Section 19). 
Section 20 
(1) Acts carried out that are not in compliance with the provisions of the 
Law on the Protection of Plant Varieties, these Rules and any additional pro­
visions that may be enacted shall be considered administrative offenses and 
shall be punished according to the following Sections, without prejudice to 
the competence of the Courts of Justice, as regards the civil or criminal 
liabilities resulting from these acts. IP/N/lIESP/P/5 
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Plant Variety Protection -No. 67 
(2) Administrative offenses shall be categorized according to the nature of 
the acts concerned; they may be fraudulent, clandestine or against the rules. 
(3) The following shall be considered fraudulent: 
(a) acts of assignment of plant material which, while purporting to be 
protected by a "Plant Var iety Ti tle, 11 do not correspond to the 
features recorded in the Register of Protected Plant Varieties; 
(b) acts of noncompliance, imputable to any of the interested parties, 
with the conditions included in the license to use a protected 
plant variety and affecting the intrinsic qualities of the material 
and the circumstances upon which the decision to issue the "Plant 
Variety Title" was based. 
(4) Those acts which evade or attempt to evade or make difficult the super­
vision of the activities governed by the Law on the Protection of Plant Vari­
eties, these Rules and additional provisions shall be considered clandestine. 
(5) Any other offense shall be considered merely against the rules. 
Section 21 
The laws and rules on the suppression of fraud in respect of agricultural 
products or of materials necessary for agriculture shall apply as subsidiary 
legislation (Law No. 12/1975, Section 21). 
Section 22 
(1) Fraudulent offenses shall be punished with fines of between 20,000 and 
100,000 pesetas; the expenses incurred in the verification of the fraud shall 
be borne by the offender and, where appropriate, the plant material giving 
rise to the fine shall be confiscated. 
(2) Clandest ine offenses shall be punished with fines of between 10,000 and 
50,000 pesetas and by the confiscation of the merchandise. 
(3) Offenses which are merely against the rules shall be punished with fines 
of between 1,000 and 25,000 pesetas (Law No. 12/1975, Section 22). 
Section 23 
The determination, within given limits, of the amounts of the fines estab­
lished in the last-mentioned Section, shall be fixed in each case according to 
the importance of the offense, the injury caused, the degree of bad faith on 
the part of the infringer, his behavior and his previous record and, in 
general, any circumstances which render him the more or the less responsible 
(Law No. 12/1975, Section 23). IP/N/lIESP/P/5 
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Plant Variety Protection -No. 67 
Section 24 
(1) In the case of a second offense, the fines shall be 50 percent higher 
than those applicable under the Law on the Protection of Plant Varieties. 
(2) Should the person committing a second offense have committed a clandestine 
or fraudulent offense, the fines may be raised to three times those applicable, 
and the suspension of the activity in relation to which the offense arose may 
be ordered for a period of up to one year. 
(3) A person who has, within the preceding five years, been punished for 
disregarding the provisions of the Law on the Protection of Plant Varieties 
shall be considered a second offender. 
(4) The Ministry of Agriculture may decide, if appropriate, on the publica­
tion of sanctions imposed in the Official Journal, for exemplary purposes (Law 
No. 12/1975, Section 24). 
VIII. FEES 
Section 25 
The fees established by the Law on the Protection of Plant Varieties and 
subject to the legislation contained in the Law of December 26, 1958, on Fees 
and Parafiscal Levies, the Consolidated Taxation Law of December 28, 1963, and 
the additional provisions under those Laws, shall be governed by the provisions 
of those Laws and of these Rules. 
Section 26 
For the purposes of the fees established in the aforementioned Laws, the 
Plant species or groups thereof which are subject to protection shall be 
divided into the following groups: 
First group: cereals, oil seeds, lucerne, cotton, sugar and fodder beet, 
vetch, potato, pea, broad bean and French bean; 
Second group: fruit trees, rose, carnation and strawberry; 
Third group: lettuce, tomato, onion, melon, sainfoin, red clover and 
white clover; 
Fourth group: the other species not included in the above-mentioned groups. 
Section 27 
(1) The following fees shall be paid for the services listed below, according 
the types which are also included: [not reproduced here; the tariff of fees 
is amended occasionally]. IP/N/lIESP/P/5 
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Plant Variety Protection -No. 67 
(2) The natural persons or legal entities, national or foreign, who receive 
either fm the Public Administration or from the Registry of Protected Plant 
Varietie:::. any of the services listed in the preceding Subsections, whatever 
the nature of their request, shall be obliged to pay the fees. 
(3) The fees for the processing of applications for "Plant Variety Titles," 
the claim of the right of priority, changes of denomination, dispatch of 
copies, certificates and duplicates of any documents, registration of licenses 
for use, dispatch of copies of Titles and certificates attesting the refusal 
and reinstatement of Titles shall be payable when the appropriate services are 
requested. 
The fees for the carrying out of the trials that constitute preliminary 
examination shall be paid on presentation of an account by the National Insti­
tute of Seeds and Nursery Plants at the time of the rendering of the services. 
The fee for the "Plant Variety Title" shall be payable on the date of 
grant, and the fee for the maintenance of breeders' rights shall be payable on 
the day following that on which the period of one year covered by the previous 
fee expires. The appropriate accounts shall be computed and notified by the 
National Institute of Seeds and Nursery Plants and paid within the periods 
laid down by the Collection Statute of November 14, 1968. 
When the payment of a fee for the annual maintenance of breeders' rights 
has not been effected within the periods laid down by the legislation referred 
to above, the necessary procedures for the revocat ion of the Ti tie shall be 
commenced in accordance with the provisions of Section 11(3) of these Rules. 
(4) The management, charging and collection of the fees referred to above 
shall be effected, without prejudice, to the higher authority of the Ministry 
of Finance, by the National Institute of Seeds and Nursery Plants, to which 
end it shall be empowered to: 
(a) compute and notify the fees referred to in these Rules, the 
collection of which shall take the form of immediate payment to the 
Treasury, according to the instructions of the Ministry of Finance; 
(b) open restricted accounts at a private bank or at savings banks in 
the manner provided for in Chapter III of the Ministerial Order on 
Finance of July 23, 1960, subject to the limitations and obligations 
specified therein, the credit balances of which accounts shall be 
paid to the General Directorate of the Treasury, in the "Group of 
Treasury Operations--Deposits--Proceeds from Fees and Parafiscal 
Levies," Subsidiary Account 21, item 25: "Fees for the Protection 
of Plant Varieties," for eventual application to the budget of the 
revenue of the State. 
(5) The scales of charges to be made for subscriptions to, insertions in and 
sale of the Boletin del Registro de Variedades Protegidas, for photocopies, 
for information and documentation services and publications in general, 
incumbent on the National Institute of Seeds and Nursery Plants, shall be 
established in accordance with the provisions of Section 11 of the Law on the 
Legal Status of Autonomous State Bodies of December 26, 1958. IP/NIlIESP/P/5 
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Plant Variety Protection -No. 67 
IX. PROCEDURE AND APPEALS 
Section 28 
(1) The procedure to be followed for the processing of the dossiers governed 
by these Rules shall be, in addition to that specifically laid down therein, 
that established in the Law on Administrative Procedure of July 17, 1958, 
which shall also regulate the appeals which interested part ies may br ing 
against any act or decision pronounced. 
(2) It shall be a function of the National Institute of Seeds and Nursery 
Plants to collect all available evidence and information on dossiers likely to 
involve a decision imposing a fine and to formulate proposals as to how 
dossiers should be decided, doing so on its own initiative or pursuant to a 
request from the interested parties or from the competent authorities (Law 
No. 12/1975, Section 28(2». 
(3) The decision shall be taken by: 
(a) the Service for Defense against Frauds and for Agricultural 
Analyses, when the amount of the fine is not over 25,000 pesetas; 
(b) the competent Director General, when the amount of the fine is over 
25,000 and does not exceed 50,000 pesetas; 
(c) the Minister for Agriculture, when the amount of the fine is over 
50,000 pesetas. 
(4) The limitation period for infringement of these Rules shall be five years 
from when they are committed. 
ADDITIONAL PROVISIONS 
(1) The amounts of the fines established in absolute quantities in pesetas 
may be revised by the Government, through the application of coefficients of 
correction, according to the average pr ice of the objects or products in 
question. 
TRANSITIONAL PROVISIONS 
(1) The breeder of a plant variety which is no longer new at the time when 
protection of a corresponding species is established may, in the following 
instances and in accordance with the Law on the Protection of Plant Varieties, 
request the protection of his rights: 
(a) if a patent has been granted for a plant variety in Spain or in any 
other country with which an international agreement on the protec­
tion of breeders' rights has been established; 
(b) if a "Plant Variety Title" or equivalent title has been issued in 
any country or countries with which Spain has established or estab­
lishes an agreement on the protection of breeders' rights; IP/N/lIESP/P/5 
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Plant Variety Protection -No. 67 
(c) if the plant variety has been registered in a list of commercial 
varieties officially published in Spain. 
The application for the protection of breeders' rights in respect of the 
varieties shall be submitted within a period not exceeding six months in the 
cases referred to in Paragraphs (a) and (b) of this transitional provision and 
within a period of 12 months in the case provided for in paragraph (C) thereof, 
from the time of promulgation of the detailed provisions on the entry into 
force of protection for each genus, species or group of species concerned. 
(2) The "Plant Variety Title" for varieties referred to in the first 
Transitional Provision shall be effective as from the date of filing of the 
application. The period of time elapsed after the filing of an application 
for a patent, or after the grant of a "Plant Variety Title" or after its 
registration in the List of Commercial Varieties, shall, where the conditions 
set forth in the first Transitional Provision have been complied with, be 
deducted from the period of protection. 
For these purposes, the date of recording of a variety in the List of 
Commercial Varieties shall be the date of publication of the said List or the 
date on which an official seal has been put on the reproductive material for 
the said variety for the first time. Where both circumstances coincide, the 
earlier date shall be considered the date of recording for the purposes of the 
provisions of the preceding Paragraph of this Transitional Provision. 
(3) Plant varieties that were being marketed before the Law on the Protection 
of Plant Varieties came into force may continue to be freely produced and 
offered for sale, as long as the breeder does not make use of the right granted 
to him by the first Transitional Provision. 
If the said right is made use of, the breeder or his successor in title 
shall be obliged to grant licenses for use under reasonable conditions to any 
natural person or legal entity so requesting and having produced under official 
control seeds or reproductive material of the varieties concerned. For these 
purposes only, the National Institute of Seeds and Nursery Plants may, when it 
considers this appropriate, specify conditions that have to be included in the 
contract for the license for use. 
(4) The National Institute of Seeds and Nursery Plants shall submit to the 
competent bodies for approval the plans for services that will be made 
necessary by the implementation of these Rules. The appointment of new staff 
shall be made in accordance with the provisions of Decree No. 2043/1971, by 
which the Statute Governing the Staff Employed by Autonomous Bodies was 
approved. 
(5) The Commission of Plant Var iety Protection shall be established before 
any provision on the grant of protection to a genus, species or group of 
species enters into force. 
(6) Until the additional provisions for the application of these Rules to the 
various species or groups of species enter into force, the system of protec­
tion applicable to them shall continue to be that contained in the Law on 
Industr ial Property and the Orders of the Ministry of Agr iculture of May 23, 
1967, by which Rules were enacted for the application of the provlSlons in 
force on fraud to the growing of protected varieties of rose and carnation, IP/N/1/ESP/P/5 
Page 33 
Plant Variety Protection -No. 67 
and of June 26, 1973, by which the Provisional Register of Commercial Varieties 
of Plants was established. 
FINAL AND DEROGATIVE PROVISIONS 
(1) These Rules shall be applicable to the entire national territory. 
(2) The Ministry of Agriculture shall be empowered, within the bounds of his 
competence, to enact additional provlslons for the implementation and 
adaptation of these Rules, as well as detailed provisions on the entry into 
force of the said Rules, wi th respect to each genus, species or group of 
species. 
(3) Any provlslons of equal or lesser rank that are contrary to the provisions 
of these Rules are hereby repealed and, in particular, without prejudice to the 
application of the sixth Transitional Provision under the conditions specified 
therein: Section 3(9) of Decree No. 2177/1973 of July 12, 1973, regulating 
the sanctions for fraud involving agriculture, the Order of the Ministry of 
Agriculture of May 23, 1957, containing rules for the application of the pro­
visions in force on fraud to the growing of protected varieties of rose and 
carnation; the Order of the Ministry of Agriculture of July 14, 1959, 
organizing the classification of fruit trees; the Order of the Ministry of 
Agriculture of July 26, 1973, establishing the Provisional Register of Commer­
cial Varieties of Plants, but only insofar as they concern the protection of 
new plant varieties. 
ANNEX 
List of Classes 
Classification of genera and species for the purposes of the provisions 
of Section 13(2) on the denominations of plant varieties. 
Class 1: 
Class 2 : 
Class 3 : 
Class 4: 
Class 5: 
Class 6: 
Class 7: 
Class 8: 
Class 9: Avena, Hordeum, Secale, Triticum 
Panicum, Setaria 
Sorghum, Zea 
Agrostis, Alopecurus, Arrhenatherum, Bromus, Cynosurus, 
Dactylis, Festuca, Lolium, Phalaris, Phleum, Poa, Trisetum 
Brassica oleracea 
Brassica napus, B. campestris, B. rapa, B. juncea, B. nigra, 
Sinapis 
Medicago, Ornithopus, Onobrychis, Trifolium 
Lupinus albus L., L. angustifolius L., L. luteus L. 
Vicia faba L. 
Class 10: Beta vulgaris L. var. alba DC.; Beta vulgaris IP/N/lIESP/P/5 
Page 34 
Plant Variety Protection -No. 67 
Class 11: Beta vulgaris ssp. vulgaris var. conditiva AIeL (syn.: Beta 
vulgaris L. var. rubra L.), Beta vulgaris L. var. cicla L., 
Beta vulgaris L. ssp. 
Class 12: Lactuca, Valerianella, Cichorium 
Class 13: Cucumis sativus 
Class 14: Cucumis melo, Cucurbita 
Class 15: Anthriscus, Petroselinum 
Class 16: Daucus, Pastinaca 
Class 17: Anethum, Carum, Foeniculum 
Class 18: Chamaecyparis, Juniperus, Thuya, Taxus 
Class 19: Picea, Abies, Pseudotsuga, Pinus, Larix 
Class 20: Malus, Pyrus 
Class 21: Solanum tuberosum L. 
Class 22: Nicotiana rustica L. , N. Tabacum L. 
Class 23: Helianthus tuberosus 
Class 24: Helianthus annuus. 
Any genus that is not included in this list shall be regarded as 
constituting a class of its own. 