This is an unofficial translation of the Act on the Protection of Plant Breeders’ Rights, 
SFS 1997:306. Should there be any differences between this translation and the authentic 
Swedish text, the authentic Swedish text will prevail.  
 
ACT ON THE PROTECTION OF PLANT BREEDERS´ RIGHTS  
(Swedish Statute Book , SFS , 1997:306, as last amended by SFS  2020:544)  
 
Chapter 1.  Acquisition of Plant Breeders´ Rights  
 Article 1.  Anyone who has in Sweden produced a new plant variety, or his successor in title, may 
acquire an exclusive right to exploit the plant variety according to this Act (plant breeder´s right).  
 Anyone who has outside this country produced a new plant variety, or his successor in title, may 
acquire a plant breeder´s right in respect o f the plant variety, if the producer is a Swedish national 
or has his domicile in Sweden.  
 
A plant breeder´s right may also be acquired by  
 
1. anyone who has produced a plant variety in a foreign State party to the Convention of 
December 2, 1961, on the Prote ction of Plant Varieties, or in a State which is party to an 
intergovernmental organisation which in its turn is party to this Convention, or the successor in title of such a person,  
2. anyone who is a national of, or has his domicile in, such a State and who has, in cases other 
than those mentioned under 1, produced a new plant variety outside this country, or is the 
successor in title of such a person.  
 The first to third P aragraphs apply also to anyone who has discovered and further developed a new 
plant va riety, or his successor in title.  
 
A plant breeder´s right is acquired through registration of the plant variety.  
 
Article 2.  The Government may prescribe that a plant breeder´s right may be acquired also in 
cases other than those provided for in Article 1, if  this is of considerable importance for the supply 
of the Swedish market or for the Swedish plant cultivation.  
 
The Government may furthermore provide for the application of this Act in relation to other 
countries on condition of reciprocity or where this follows from such an agre ement with a foreign 
State or intergovernmental organisation which has been approved by the Parliament.  
 
Article 3. A “plant variety” means for the purposes of this Act a plant grouping within one and 
the same botanical ly systematic e ntity of the lowest kn own rank, if  this grouping can  
 
1. be defined by the expression of characteristics resulting from a given genotype or 
combination of genotypes,  
2. be distinguished from any other plant grouping by the expression of at least one of the said 
characteristics, and  
3. considered as a unit with regard to its suitability for being propagated in an unchanged  
form . 
   Chapter 2.  Scope of the Plant Breeder´s Right  
 
Article 1.  A plant breeder´s right applies to  
 
1. the plant variety which has been registered in accordance with the provisions of this Act,  
2. groupings of plants which are not clearly distinguishable from the variety which has been registered,  
3. plant varieties which are essentially derived from the registered variety, if  the registered 
variety is not in  itself an essentially derived variety, and  
4. plant varieties whose production requires the repeated use of the registered  variety.  
 
A plant variety shall be deemed to be essentially derived if  it 
 
1. is predominantly derived from the initial variety, or from a  variety that in itself is 
predominantly derived from the initial variety, if it has retain ed the expression of the 
essential characteristics that result from the genotype , or combination of genotypes , of the 
initial variety,  
2. is clearly distinguishable fro m the initial variety, and  
3. except for the differences which result from the act of derivation, conforms with the initial variety in the expression of the essential characteristics that result from the genotype , or 
combination of genotypes , of the initial variety.  
 
Article 2.  With the exceptions provided for in Articles 3 and 4, the plant breeder´s right i mplies  
that nobody may, without the consent of the holder of the plant breeder´s right, exploit a plant 
variety or another grouping of plants covered by the plant breeder´s right through 
 
1. producing or reproducing propagating material  
2. conditioning propagating material for the purposes of propagation,  
3. offering propagating material for sale,  
4. selling or otherwis e supplying propagating material,  
5. exporting propagating material from Sweden,  
6. importing propagating material to Sweden, or  
7. stocking propagating material for any of the purposes indicated in items 1 to 6.  
 
If the holder of the plant breeder´s right had no r easonable possibility to exercise the right in 
relation to a certain propagating material, nobody may without his or her consent  exploit the plant 
variety through such acts which are  mentioned in the first P aragraph, items 1 to 7, by  using 
harvested material which has been produced by means of this propagating material.  
 
Article 3.  The plant breeder´s right does not include  
 
1. acts carried out privately and for non- commercial purposes,  
2. acts carried out for experimental purposes, and  
3. acts car ried out for the purposes of breeding of new plant varieties.  
 
Article 4.  The plant breeder´s right does not include the exploitation of plant variety material 
which has been brought on the market within the European Economic Area by the holder of the 
plant breeder´s right or with his consent.  
 The first P aragraph does  not extend to the export of plant variety material which can be used for 
propagating purposes, if the export is directed to a foreign country where varieties of the plant genus or species co ncerned cannot be protected and the exported material is not intended for final 
consumption.  
 
Article 5.  The provisions on exceptions from the exclusive right in Article 14 of the Council 
Regulation (EG) No 2100/94 of July 27, 1994, on the Community Plant Variety Rights and the 
Implementing Regulations which have been issued pursuant to that Article shall app ly also to a 
plant variet y which ha s been registered under this Act. The provisions in that Article and in the 
Implementing Regulation on the Community Plant Variety Rights shall apply to plant breeders´ 
rights under this Act.  
 
Chapter 3.   Requirements for Registration  
 Article 1.  A plant variety may be registered only if it is  
 
1. new, 
2. distinct,  
3. uniform with respect to its essential characteristics, and  
4. stable.  
 
Article 2.  A plant variety shall be considered as new if  propagating material or harvesting material 
of the variety ha s not, with the consent of the breeder or his successor in title, been sold or 
otherwise disposed of to others for the purpose of exploitation of the  variety,  
 
1. in this country, earlier than one year before the date of the filing of the application for 
registration,  
2. outside this country, earlier than six years before date of the filing of the application for 
registration, if  this application concerns t rees or vines, or  
3. outside this country, earlier than four years before the date of the filing of the application for registration, if  this application concerns some other plant variet y than trees or vines.  
 Article 3. A plant variety shall be deemed to be distinct if it is clearly distinguishable from any 
other variet ies whose existence is  known at the time of the filing of the application.  
 A plant variety shall be deemed as known, where propagating material of it has been , for 
commercial purposes, offered for sale, sold or otherwise disposed of . The plant variety shall also 
be deemed to be known if  it has been registered for a plant breeder´s right, has been entered into 
an official list of plant varieties, has been entere d into a commonly available list of references, has 
been described in a commonly available publication or has in any other way come to the common 
knowledge of the public.  
 Also, a plant variety which has not come to the common knowledge of the public shall  be deemed 
to be known, where an application for an exclusive right or for the entering into an official list of plant varieties has been filed in any country and that application has later been approved.  
 Article 4.  For the purpose of determination of whether a plant variety is uniform , variations which 
can be expected due to particular features of the propagation of the variety shall not be taken into account.  
 Article 5.  A plant variety shall be deemed to be stable, if  its significant characteristics r emain 
unchanged after repeated propagation or, whe n the plant variety has a particular cycle of 
propagation, at the end of each such cycle.  Article 6.  If the applicant or someone from whom the applicant has acquired his right has earlier 
applied for  protection of the plant variety in a State which is party to the Conv ention of December 
2, 1961, on the Protection of Plant Varieties, or in a State or a territory party to the Agreement Establishing the World Trade Organization (WTO) and then applies for registration in this country 
within twelve months from the date when the  earlier  application was filed in the foreign State  or 
territory , the application filed here shall, for the purposes of Articles 2 to 5, be deemed to have 
been filed at the same time as the earlier application , if the applicant so requests  (priority) . 
 
Such priority may also be admitted  from an application for protection filed in another State or 
another territory  if a corresponding priority from a Swedish application for the protection of a 
plant variety would be admitted where the earlier application was filed  and if the legislation in force 
there corresponds in its main features with the Convention. Where priority has been sought in several States  or territories , the twelve -month period is calculated from the date when the first 
application for protection was file d. Act (2000:1159)  
 
Article 6 a.  An applicant wishing to obtain priority in accordance with Article 6 shall  
 
1. apply for priority at the same time as the application is filed , 
2. within three months from the date of the application file a copy of the earlier application 
to the Swedish Board of Agriculture, and  
3. within five years from the date of the earlier application  file, at the Swedish Board of 
Agriculture, the further documents and material needed for the consideration of the claim 
for priority.  
 
The copy referred to in the first Paragraph, item 2 , shall be certified by the Authority which received 
the earlier application . 
 
If the earlier application has been rejected or withdrawn, the Swedish Board of Agr iculture may 
decide another term than the one prescribed in the first Paragraph, item 3.  
 
If the provisions in the first to third Paragraphs are not complied with, the right to priority is not 
valid. Act ( 2005:1216).  
 Article 7.  A plant variety m ust not be registered if  it is already registered for a Community P lant 
Variety Right under Council Regulation (EG) No 2100/94 on the Community Plant Variety Rights.  
 
Chapter 4.   On Plant Variety Denominations  
 Article 1.  A registered plant variety shall have a plant variety denomination. This denomination 
shall enable the distinction of that plant variety from other varieties.  
 A plant variety denomi nation must  not be accepted if it 
 
1. consists solely of figures, except if this is an established practice for designation of varieties , 
2. is obviously likely to mislead the public,  
3. is contrary to laws or other statutes  or public order or is likely to cause offence,  
4. is likely to be cause confusion with a variety denomination which has, for a variety of the same plant species , or of a closely related species, been entered into, or has been proposed 
for entrance into, the Plant Variety Register, any corresponding foreign Register or any other official list of varieties, or which is used as propagating material of such a variety,  5. is likely to cause confusion with a trademark, a trade name  or any other name or any other 
denom ination for which some one other than the applicant enjoys protection and which 
would have constituted an obstacle to  the registration of the variety denomination as a 
trademark for material of a plant variety or for goods of a similar kind,  
6. is likely to ca use confusion with such a trademark for material of a plant variety or for 
goods of a similar kind for which the applicant enjoys protection.  
 
On condition of reciprocity the Government may prescribe that a variety denomination which has 
been registered, o r for which an application for registration has been filed, in a foreign State may 
be registered in Sweden notwithstanding the first and second P aragraphs, where there are no 
exceptional  reasons against it.  (Act 2018:1672).  
 Article 2. Anyone who offers  propagating material of a registered plant variety for sale or otherwise 
disposes of such material shall use the registered variety denomination. This applies also where the 
term of protection has lapsed or the plant breeder´s right has been termina ted for other reasons.  
A registered denomination for a variety or a denomination which is confusingly similar to that denomination must not be used for any other variety of the same plant species or for a plant species 
which is closely related thereto or f or material of such a variety as long as the registration of the 
denomination is in force.  
 
Chapter 5. T he Application Procedure  
 Article 1. Registration under this Act is made  in the Plant Variety Register which is kept by the 
Swedish Board  of Agriculture . 
 
When a plant variety  is registered , also the denomination of the variety shall be recorded.  (Act 
2005:2016).  
 
Article 2.  An application for the registration of a plant variety shall be made in writing to the 
Swedish Board of Agriculture.  
 The application shall contain 
 
1. a clear description of the variety with a special indication of the characteristic feature or features which distinguishe the variety from other varieties,  
2. an indication of the origin of the variety,  
3. a proposal for the denomination of the variety, and  
4. an indication of the name of the plant breeder.  
 
Where a person other than the plant breeder applies for registration, the applicant shall prove his 
right to the variety.  
 To the application shall be attached a declaration, signed by the applicant himself, on his faith and 
honour, that the variety, to the best knowledge of the applicant, has  not, before the date on which 
the application was filed or, according to Chapter 3, Article 6, shall be deemed to have been filed, been disposed of in such a way that it, according to Chapter 3, Article 2, shall not be deemed to be 
new. 
 The applicant shall, in connection with the application, make available plant material  of the variety 
in a quantity sufficient to allow testing of the variety.  
 The applicant shall pay the prescribed application fee . (Act 2005:2016).  
 
Article 3.  An application may only concern the registration of one plant variety.  
 Article 4.  The Swedish Board of Agriculture  may invite  an applicant not having his domicile in 
Sweden to appoint a representative empowered to receive communications in the matter and having his domicile in this country, and to notify th e representative  to the Board. If  the applicant 
does not comply with the invitation , the serving of communications may be carried out through 
the mailing of the document to the applicant under his last known address.  The serving shall be 
deemed to have been carried out when this has been done. ( Act 2005:1216).  
 
Article 5. If  the applicant has not complied with t he requirements relating to the application or if  
there is any other obstacle to  the approval of the application, the applicant shall be invited  to, 
within a prescribed period of time, either respond or file a correcti on.  
 If the applicant fails to, within the prescribed period of time,  respond or remedy the deficiency , the 
application shall be removed from the files. An indication of this possibility shall be included in the invitation.  
 Article 6.  If an obstacle to  the approval of the application exists also after the applicant has 
responded and the applicant has been given an opportunity to file observations concerning the 
obstacle, the application shall be rejected unless there is a reason for issuing a new invita tion to the 
applicant.  
 
Article 7.  If someone  claims, before the Swedish Board of Agriculture , to have a better right to 
the plant variety than the applicant and the matter is in doubt, the Board may invite him or her to 
bring an action in a Court  within a specified  period of time, failing which the  claim is disregarded 
in the course of the continued examination of the application.  
 
If a dispute concerning a better right to the plant variety is under consideration by a Court, the 
application for registrati on may be declared in abeyance pending a final decision in the case.  (Act 
2016:215).  
 Article 8.  If someone  proves before the Swedish Board of Agriculture that he or she has a better 
right to the plant variety than the applicant, the Board shall, upon a claim , transfer the application 
to him or her. The party to wh ich an application is thus transferred, shall pay a new application fee.  
 If a transfer is claimed , the applic ation may not be removed from the files, rejected or approved 
until the claim has been finally considered.  (Act 2005:1216).  
 
Article 9. If the application is  complete and no obstacle to the registration exists , the Swedish 
Board of Agriculture  shall publish a n announcement concerning the application in order to give 
the public an opportunity to file oppositions  against the application.  
 Oppositions  shall be filed in writing at  the Swedish Board of Agriculture  within the time  
determined by the Board.  (Act 2005: 1216).  
 
Article 10.  The Swedish Board of Agriculture shall arrange for a test to be made of the plant 
variety material, unless this is, for special reasons, is  unnecessary. The applicant shall pay a 
prescribed fee for the testing c arried out. ( Act 2005:1216). 
 Article 11.  When the period for submitting an opposition against the application has expired and 
the tests of material of the plant variety have been finalised, the examination of the application 
shall continue. In respect of this examination, Articles 4 to 8 apply.  
 The applicant shall be given an opportunity to submit observations concerning oppositions filed 
and tests carried out.  
 
Article 12. If  an application for the registration of a plant variety has been approved and the 
decision has acquired  legal force, the varie ty shall be entered into the Plant Variety Register and an 
announcement of the registration be published.  
 If an application whi ch has been published pursuant to Article 9, has been removed from the files 
or rejected, the decision in this respect shall be published when it has acquired  legal force.  
 
Chapter 6. The t erm of Validity, Annual Fees and Subsequent Control  
 Article 1.  The plant breeder´s right subsists from the date when the application for registration 
was approved and may be maintained for 25 years counted from, and including, January 1 in the 
year after th at when the decision about the registration acquired  legal for ce. As regards potatoes, 
trees and vines, the plant breeder´s right may, however, be maintained for a period of 30 years calculated from the same point in time.  
 Article 2.  A prescribed annual fee for the plant breeder´s right shall be paid for each calendar year. 
This fee shall be paid from, and including, the year after that when the application for registration was approved.  
 
The annual fee shall be pa id on the first day of the calendar year to which it relates. The latest day 
for the payment of the annual fee for a year which has commenced before the plant variety was registered or within two months thereafter shall, however, be payable only two months after the 
date of t he registration. The annual fee must not be paid before the registration has been made  or 
earlier than six months before the calendar year to which the fee relates.  
 
The annual fee  may, with the prescribed increase,  be paid within six months after the date  when it 
is payable.   
 
Article 3.  In order to control whether a registered plant variety is stable, the Swedish Board of 
Agriculture may invite the holder of the plant variety right to make available to the Board 
reproduction material as well as necessary  documents and information.  (Act 2005:1216).  
 
Chapter 7.  L icenses  
 Article 1.  If the holder of a plant breeder´s right has granted someone else a right to exploit a 
registered plant variety (license) , the licensee may transfer his right further only if the holder of the 
right has permitted it . 
 
If the license forms part of a business activity, it may, however, be transferred together with the 
activity or part thereof, unless there is an agreement to th e contrary. If the license has been 
transferred in this manner, the transferor still remains liable for the fulfilment of the license 
agreement.  
 Article 2.  If  a plant breeder´s right has been transferred to another person, or a license has been 
granted or transferred, an entry of this fact shall, upon request and against the payment of the 
prescribed fee, be made in the Plant Variety Register. If  it is shown that a license which has been 
recorded in the Register has expired, also this fact shall be recorded.  
 
The first P aragraph appl ies accordingly to compulsory licenses.  
 In a case or matter relating to plant variet ies, the holder of the plant breeder´s right shall be deemed 
the person who has last been recorded in the Register in this capacity.  
 
Article 3.   If  no supply of reproduction material of a registered plant variety is made available on 
the market on reasonable terms and to the extent motivated by public interest and there is no 
acceptable reason for the failure, a compulsory license may be granted to any person who wants to 
exploit the plant variety in this country. The compulsory license includes also a right to obtain reproduction material from the holder of the plant breeder´s right to a reasonable extent . 
 Article 3 a.   A holder of a  patent on a biotechnical invention who is not able to exploit it without 
infringing a n earlier registered plant variety right, may obtain a compulsory license to exploit the 
plant variety protected by the plant variety right. Such a license may be  granted only if the 
applicant proves that the invention constitutes an important technical improvement of considerable economic interest in relation to the plant variety.  
 If the holder of a plant variety right obtains a compulsory license  relating to a patent, the patent 
holder has a right to obtain, on reasonable terms, a compulsory license (cross -license)  to exploit 
the protected plant variety.  
 
Provisions on the possibility for a plant breeder to obtain, on certain conditions, a compulsory 
license to exploit an invention protected by a patent, are included in Article 46 a of the Patent 
Act (1967:837). ( Act 2004:160).  
 Article 4.  A compulsory license may be granted only to a party that can be presumed to be able 
to exploit the plant variety in an acceptable manner and in conformity with the license.  The 
applicant must  also prove that he or she has , without success , approached the holder of the plant 
variety right to obtain a license agreement on reasonable terms.  
 
A compulsory license does not prevent the holder of the plant variety right from exploiting the 
plant variety himself or from granting license s.  A compulsory license may be transferred to 
someone else only together with the business activity in which it  is exploited or was intended to be 
exploited.  In respect of licenses referred to in A rticle 3 a, first Paragraph, also  applies that the 
license may be transferred only together with the patent on which it is based . (Act 2004:160).  
 Article 5.  A compulsory license is granted by a Court which also determines the extent to which 
a plant variety may be exploited and fixes the remuneration and other conditions for the license. 
When significantly changed circumstances call for it, the Cou rt may, upon a claim , terminate the 
license or decide on new conditions for it.  (Act 2016:215).  
  
 
  Chapter 8.  Termination of the Plant Breeder´s Right, Etc.  
 
Article 1.  If the annual fee according to what is prescribed in Chapter 6, Article 2, is not paid, the 
plant breeder´s right shall lapse  as from January 1 of the year for which the fee was not paid. The 
Swedish Board of Agriculture shall also remove the plant variety from the Register.  (Act 
2005:2016).  
 
Article 2.  If the holder of the plant breeder´s right, in writing to the Swedish Board of Agriculture , 
renounces his plant breeder´s right, the Board shall remove the plant variety from the Register.  
 
If the plant breeder´s right is distrained, sequestered or impounded, or if a dispute concerning the 
transfer of a registration is pending, the plant variety m ust not, at the request of the holder of the 
plant breeder´s right, be removed from the Register as long as the distraint, sequestration or impounding is still valid or the dispute has not been finally settled . (Act 20 05:2016). 
 Article 3.   The Court shall , upon a  claim , invalidate the registration of a plant variety, if  
 
1. the plant variety on the date of the filing of the application, or, if the holder of the plant 
breeder´s right has enjoyed priority, on the date from which priority has been enjoyed, did 
not fulfil the requirement of novelty under Chapter 3, Article 2, or the requirement of 
distinctness in Chapter 3, Article 3,  
2. the plant variety at the point  in time mentioned under item 1  did not fulfil  the requirement 
of uniformity under Chapter 3, Article 4, or the requirement of stability under Chapter 3, Article 5, if t he variety was registered essentially  on the basis of information provided by 
the applicant,  
3. the plant variety has been registered in violation of the provisions of Chapter 3, Article 7, 
or 
4. the plant variety has been registered for someone who was not enti tled to it  and no action 
has been brought for the transfer of the registration.  
 
A registration must not be invalidated on the ground that the party  that obtained the registration 
is entitled only to a part of the plant breeder´s right.  (Act 2016:215) . 
 
Article 4. If  a plant variety has been registered for someone other than the one entitled to it under 
Chapter 1, Article 1, the Court shall, upon an action  by the party entitled to it, transfer the 
registration to him or her. The action shall be brought wi thin the  time in Article 5.  
 Article 5.  An action under Article 3, first  Paragraph, item 4, which is based on the fact that a plant 
variety has been registered for a p arty other than the one entitled to it  may be brought only by the 
party claiming  to be entitled to the variety. The action shall be brought within one year after the 
plaintiff became aware of the registration and of the other circumstances on which the action is based. If the holder of the plant breeder´s right was in good faith when the  variety was registered 
or when the plant breeder´s right was transferred to him  or her , the action m ust not be brought 
later than three years from the registration.  
 In other cases an action under Article 3 may be brought by anyone who suffers a disadvant age 
from the registration and, where this is called for in the public interest, by a Public Authority as decided by the Government.  
  
 Article 6.  The Swedish Board of Agriculture  shall remove a plant variety from the Register if  
 
1. the variety no longer ful fils the requirements under Chapter 3 with respect to uniformity 
and stability, or  
2. the holder of the plant breeder´s right has not complied with an invitation under Chapter 
6, Article 3, and the non -compliance constitutes an obstacle for a reliable subsequ ent 
control.  (Act 2005:2016).  
 
Article 7.  If  a plant variety denomination has been registered in violation of this Act and the 
ground for refusing registration remains, the Swedish Board of Agriculture shall register a new denomination for the plant variety. The same applies if  a registered variety denomination obviously 
has become likely to mislead  the public or has become contrary to public order or likely to cause 
offence.  
 In cases referred to in the first P aragraph the holder of the plant breeder´s right shall be given an  
opportunity to propose a new denomination.  
 
A registered denomination for a variety for which the term of protection has expired or the plant 
breeder´s ri ght has otherwise lapsed, may, at the request of the holder of the plant breeder´s right 
or if there is otherwise a reason for it, following an examination of the case by the Swedish Board 
of Agriculture , be removed from the Register if the denomination is no longer used.  (Act 
2005:2016).  
 
Article 8.  Article 92.2 of the Council Regulation (EG) No 2100/94 of July 27 1994on the 
Community Plant Variety Rights contains special provisions which apply when a plant variety has 
been registered for a Community plant variety right after the variety has been registered under  this 
Act. 
 
Chapter 9. Liability and Obligation to Pay Compensation for Damages, e tc. 
 Article 1.  Anyone who intentionally or by gross negligence infringes a plant breeder´s right  is 
punishable  for plant breeder ´s right violation with a fine or  imprisonment for up to two years.  
 
If the violation was committed intentionally and is considered serious , the person is punishable  
for serious  plant breeder ´s right v iolation with imprisonment for a  minimum of  six months up to 
a maximum of six years. When assessing whether the violation is  serious , particular consideration  
has to be  given to whether the act concerned  
 
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an organised form,  
3. was conducted on a large scale, or  
4. was otherwise of a particularly dangerous nature.  
 
Anyone who has violated a n injunction issued with a  penalty of a fine pursuant to Article 2 , must 
not be held liable  for infringement s covered by the injunction.  
 
Responsibility is assigned under Chapter 23 of the Criminal Code for attempting to commit or 
preparation of plant breeder ´s right  violation  or ser ious plant breeder ´s right violation . 
 
The prosecutor may initiate a prosecution for violations  referred to in this Article only if the  
prosecution is motivated for being in the public interest
. (Act 2020:544)  Article 1 a.  Property in relation to which a violation has occurred pursuant to Article 1 shall be  
declared forfeited if this is not obviously unreasonable. Instead of the property itself its value may be 
declared forfeited.  Also profits from such a violation shall be declared forfeited if this is not 
obviously unreasonable. The same applies to what someone received as a compensation for costs 
related to such a violation, or the value of what has been received, if the act of receiving  constitutes a 
violation pursuant to Article 1 . 
 Property used as an implement in connection with a violation under Article 1 may be declare d 
forfeited, if this needed in order to prevent criminal acts or where there are otherwise special 
reasons. The same applies to property intended to be used as an implement in connection with a 
violation under Article 1, if the violation has been completed  or has constituted a punishable attempt 
or a punishable preparation. Instead of the property itself, its value may be forfeited. ( Act 2005:314).  
 
Article 2.   Upon a claim  by the holder of the plant breeders´ right or by a party that,  pursuant to a 
license, has the right to exploit the plant variety, the Court may issue an injunction with a penalty of 
a fine, prohibiting a party that commits, or contributes to, an infringement of the plant breeders´ 
right to continue it.  
 
The provision s in the first Paragraph apply also to acts constituting attempts, and preparatory acts, in 
respect of  infringements. (Act 2016:215 ). 
 
Article 3 .  If the plaintiff shows a probable cause that an act constituting an infringement of the plant 
breeders´ right, or a contribution thereto, takes place and if it can reasonably be expected that the defendant, through the continuation of the act, or the contribution thereto, diminishes the value of 
the exclusive right in the plant variety, the Court may issue an injunction, with a penalty of a fine, for the time until the case has been finally adjudicated or otherwise is decided. No injunction may be 
issued  before the defendant has been given an opportunity to respond, unless a delay would entail a 
risk for damage.  
 The provisions of the first Paragraph apply also in respect of acts constituting attempts, and 
preparatory acts, in respect of infringements.  
 
An injunction referred to in the first Paragraph may be issued only if the plaintiff deposits a security 
at the Court for the damage that may be caused to the defendant. If the plaintiff is not capable of 
depositing such a security, the Court may liberate the plaintiff from it. In respect of the type of security, 
the provisions of Chapter 2, Article 25, of the Enforcement Code apply. The security shall be examined by the Court unless the defendant has approved it. 
 When the case is adjudicat ed, the Court shall decide whether an injunction issued under the first 
Paragraph shall continue to apply.  (Act 2009:115).  
 
Article 4.  In respect of appeals against decisions under Article 3 and in respect of the proceedings 
in higher C ourts the provisions in Chapter 15 of the Code of Judicial Procedure on appeals against 
decisions apply.  
 
Article 5.  An action for the imposition of a fine may be filed by the party request ing the injunction.  
(Act 2018:215) . 
 
Article 5 a.  If the applicant shows a probable cause than someone has committed an infringement 
of a plant breeders´ right, the Court may order, with a penalty of a fine, one or several of the parties 
referred to in the second Paragraph to provide informa tion to the applicant on the origin of, and distribution networks for , the goods or services in respect of which the infringement has been 
committed (order to provide information). Such an order may be issued upon a claim  by the holder 
of the plant breeder s´ right or by a party that, pursuant to a license, has the right to exploit the 
plant variety. It may be issued only if the information can be assumed to  facilitate the inquiry into 
an infringement relating to the goods or services.  
 
The obligation to provide information relates to any party that  
 
1. has committed, or contributed to, the infringement,  
2. has on a commercial scale been exploiting the goods that the infringement concerns,  
3. has on a commercial scale been exploiting the service that the infringement concerns,  
4. has on a commercial scale made available an electronic communication service or another service that has been used in connection with the infringement, or  
5. has been i dentified by a party referred to in items 2 to 4 as being involved i n the production 
or distribution of the goods , or the making available of a  service , that the infringement 
concerns.  
 
The information on the origin or distribution network of goods or services may, in particular, 
include  
 
1. the names and addresses of producer s, distributors, suppliers and others who have 
previously held the goods or made available the service s, 
2. the names and addresses of intended wholesalers and retailers, and  
3. information about how much has been produced, delivered, received or ordered and the  
price obtained for the goods or services.  
 
The provisions in the first to third Paragraphs apply also in respect of acts constituting attempts, 
and preparatory acts, relating to infringements . (Act 2009:115).  
 Article 5 b.  An order to provide information may be issued only if the reasons speaking in favour 
of the measure outweigh the inconvenience or other harm that the measure would cause to the party against which it is directed or to any other opposite interest.  
 The obligation to provide information pursuant to Chapter 9, Article 5 a, does not include 
information the revelation of which would disclose that the provider of the information or any 
person closely related to him or her as referred to in Chapter 36, Article 3, of the Code of Judic ial 
Procedure has committed a criminal offence.  
 
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 
on the protection of natural persons with regard to the processing of personal data and on the free 
movement of suc h data and repealing Directive 95/46/EC (General Data Protection Regulation) 
contains provisions limiting the use can be made of personal data received (Act 2018:287).  
 
Article 5 c.  If the claim for an order to provide information is directed against the a pplicant´s 
opposing party in a n infringement case , the provisions on court proceedings for that case apply. 
Decisions on orders to provide information may be appealed separately.  
 If the application for an order to provide information is directed against a  party other than the one 
referred to in the first Paragraph, the Act (1996:242) on Matters B rought before a Court shall apply . 
The Court may decide that each party shall bear its own litigation costs.  
 An action for the imposition of a fine may be brought by the party that has applied for the order . 
(Act 2016:215).  
 
Article 5 d. Anyone who, under Chapter 9, Article 5 a, second Paragraph, items 2 to 5, has been 
ordered to provide information pursuant to the first Pa ragraph of the same Article has a right to a 
reasonable compensation for the costs and inconvenience caused. The compensation sha ll be paid 
by the party that  applied for the order to provide information.  
 
Anyone who makes available an electronic communication service and who has, pursuant to an 
order to provide information, delivered information referred to in Chapter 6, Article 20, of the Act 
(2003:389) on Elect ronic Communication, shall send a written not ification concerning  this fact to 
the p arty whom the information concerns not earlier than one month and not later than three 
months from the delivery of the information. Costs for the noti fication shall be compensated in 
accordance with the first Paragraph.  (Act 2009:115).  
 
Article 5 e.  In addition to what is prescribed in Chapter 3, Articles 8 and 9, of the Act (2018:218) 
on Additional Provisions Relating to the European Union Data Protection Regulation,  personal 
data on violations of the law constitut ing criminal offences under  Chapter 9, Article 1, may be 
processed if this is necessary in order for a legal claim to be established, asserted or defended.  (Act 
2018:281).  
 Article 5 f. Upon a claim  by the plaintiff, the Court may, in infringement cases, order the party 
that has committed, or contributed to, the infringement to defra y appropriate measures to 
disseminate information about the judgment in the case.  
 The provisions in the first Paragraph a pply also in respect of acts constituting attempts, and 
preparatory acts, relating to infringements . (Act 2009:115).  
 
Article 6.  Anyone who wilfully or by  negligence commits an infringement of a plant breeders´ 
right shall pay a reasonable compensation for the exploitation of the plant variety and compensation for the further damage caused by the infringement . When the amount of the 
compensation is decided,  particular attention  shall be given to  
 
1. lost profits,  
2. profit made by the party committing the infringement,  
3. damage caused to the reputation of the plant variety,  
4. moral damage,  
5. the interest of the holder in that infringements are not committed.  
 
Anyone who commits an infringement of a plant breeders´ right without intent or negligence  
shall pay a compensation for the exploitation of the plant variety if and to the extent reasonable.  
 
An action for compensation may only concern damage caused during the last five years before the 
action was brought. If no action is brought within th at time , the right to compensation is lost . (Act 
2009:115).  
 
Article 7.  Upon a claim  by a party that has suffered an infringement of  a plant breeders´ right, the 
Court may, to the extent reasonable, decide that plant material that the infringement concerns shall be recalled from the channels of commerce or be destroyed or that some other measure shall be taken in 
respect of it. The sam e applies to implements that have been, or have been intended to be, used for  
the infringement.  Notwithstanding the provisions in the first Paragraph, the Court may, where there are ex ceptional 
reasons, upon a claim , decide that the holder of plant material mentioned there shall be allowed to 
have disposal of the material against a reasonable compensation and on other reasonable conditions. 
Such a decision may be issued  only if the holder has acted in good faith.  
The provisions of the first and second Parag raphs apply also in respect of acts constituting attempts, 
and preparatory acts, relating to infringements.  
 A decision on a measure pursuant to the first Paragraph must not imply that the party suffer ing an 
infringement of a plant breeders´ right would ha ve to pay a compensation to the party against which 
the measure is directed.  
 Any measure pursuant to the first Paragraph shall be defrayed  by the defendant where there are no 
specific reasons against it.  
 
A decision referred to in this Article shall not b e issued , if forfeiture or a measure for the prevention 
of wrongful acts shall be decided pursuant to Chapter 9, Article 1 a, or the Criminal Code.  (Act 
2009:115).  
 Article 7 a. If it can reasonably be assumed that someone has committed, or contributed to, an 
infringement, the Court may, for the purpose of preserving evidence relating to the infringement, order that an investigation shall be undertaken in respect of that party in ord er to search for objects 
or documents that can be assumed to be of importance for the investigation into the infringement (infringement investigation).  
 An order for an infringement investigation may be issued only if the reasons speaking in favour of the 
measure outweigh the inconvenience or other harm caused to the party against which it is directed or 
to any other opposite interest.  
 
The provisions in the first and second Paragraphs apply also to  acts constituting attempts, and to 
preparatory acts, relat ing to infringements.  (Act 2009:115).  
 
Article 7 b.   Issues relating to infringement investigations may be taken up for consideration only 
upon a claim  by the holder of plant breeder´s right or by someone  who, pursuant to a license, has a 
right to exploit the plant variety. If  a legal proceeding has not yet been initiated, the petition shall be 
submitted in writing.  
 
The opposite party shall be given an opportunity to respond before an order for an investigation is 
issued . If a delay would entail a risk that objects or documents of importance for the inquiry into the 
infringement would be removed, destroyed or distorted, the Court may, however, immediately issue an order to be valid until otherwise decided.  
 In other respects, any issue relating to an infringement investigation which arises before legal 
proceedings have been initiated shall be processed in the same way as if the issue had arisen in the 
course of a legal proceeding. ( Act 20 16:215). 
 Article 7 c.  An order for an infringement investigation may be issued  only if the applicant posts  a 
security at the Court for the damage  that may be caused to the opposite party. Where the applicant is 
not able to post such a  security, the Court may liber ate the applicant from it. In respect of the type 
of the security, the provisions of Chapter 2, Article 25, of the Enforcement Code shall apply. The security shall be examined by the Court, unless the opposite party has approved  it. 
 In respect of appeals against the decision by the Court relating to an infringement investigation 
proceeding and in respect of the proceedings in higher Courts the provisions concerning appeal 
against decisions prescribed in Chapter 15 of the Code of Judicial Procedure apply. ( Act 1998:1460).  
 
Article 7 d.  An order for an infringement investigation shall contain information about  
 
1. the purpose of the investigation,  
2. the objects and documents that may be searched for, and  
3. which premises may be searched.  
 Where this is necessary, the Court shall set also other conditions for the execution of the order. ( Act 
1998:1460).  
 
Article 7 e.  An order for an infringement investigation is immediately enforceable. If an application 
for its execution has not been filed within one month from the order, it becomes invalid.  
 
If the applicant does not, within one month from the conclusion of the execution, file an action or 
initiate in some other manner a proceeding relating to the matter, any measure undertaken in the 
context of the execution of the infringement investigation shall immediately be invalidated to the 
extent possible. The same applies if  an order for an infringement investigation is invalidated after the 
execution has been concluded.  (Act 998:1460).  
 Article 7 f . An order for an infringement investigation is execu ted by the Enforcement Authority in 
accordance with the conditions prescribed by the Court and in applying Chapters 1 to 3, Chapter 17, Articles 1 to 5, and Chapter 18, of the Enforcement Code. The applicant´s opposite party shall be 
informed about the exe cution only if the order for an infringement investigation has been issued  
after hearing the opposite party. The Authority has the right to take photographs and to make video and sound recordings of such objects for which it is authorised to search. The Authority also has the 
right to make copies of, and extracts from, such documents for which it is authorised to search.  
 An infringement investigation must not concern written documents referred in Chapter 27, Article 2, 
of the Code of Judicial Procedure . (Act 2006:725).  
 Article 7 g.  The opposite party has the right to summon an attorney when an order for 
infringement investigation shall  be executed. The execution must not begin  before the attorney has 
arrived. This does , however, not apply if  
 
1. the investigation is thereby unnecessarily delayed, or  
2. there is otherwise a risk that the purpose of the measure will not be achieved.  
 
In the course of the execution, the Enforcement Authority is authorised to engage, if  necessary, the 
services of an expert.  
 
The Authority may permit the applicant or a representative of the applicant to attend the 
investigation in order to provide information. If such a permission is granted, the Authority shall see 
to it that the applicant or the representative is not being i nformed about the findings at the 
investigation more than can be justified by the execution.  (Act 2006:725).  
 
Article 7 h.  Photographs and video and sound recordings of objects as well as copies of, and 
extracts from, documents shall be listed and shall be held available for the applicant and the opposite party. (Act 1998:1460).  Article 8.  Property referred to in Chapter 9, Article 7, may be seized if it can reasonably be assumed 
that a criminal offence pursuant to Chapter 9, Article 1, has been committed. In respect of such 
seizures the provisions on seizure in criminal cases in general apply. 
 
The provisions of the first Paragraph apply also  in respect of acts constituting attempts, and 
preparatory acts, relating to infringements . (Act 2009:115).  
 
Article 9.  If someone  exploits a plant variety which is referred to in an application for registration, 
what is said about infringement of a plant breeder´s right shall apply, if  the application results in a 
registration. Criminal liability or forfeiture may, however, not be adjudicated in respect of such an 
exploitation. Compensation for damages in respect of an exploitation which took place before the 
application was publi shed pursuant to the provisions of Chapter 5, Article 9, may, however, be 
determined only according to the provisions in Article 6, second P aragraph.  
 
Notwithstanding the provisions of Article 6, third P aragraph, the right to compensation is not lost 
if an action in this respect is brought no later than one year from the registration of the plant 
breeder´s right.  (Act 2005:314). 
 Article 10. If the registration of a plant breeder´s right has been invalidated through a judgment 
which has acquired legal force, the Court may not adjudicate a sanction or decide on other measures 
under Articles 1 to 9.  
 If an action is brought concerning infringement of a plant breeder´s right and the defendant claims 
that the registration should be invalidated, the Court shall, at his request, order the proceedings to 
be in abeyance  until the question of the invalidation of the registration has been finally decided. I f 
no action in this respect has been brought, the Court shall, in connection with the order for the 
proceedings to be in abeyance , determine a specified  time for the party against wh ich an action for 
infringement is brought to initiate an action for invalidation.  
 
Article 11.   Anyone who wilfully or by negligence violates the provisions of Chapter 4, Article 2, 
shall be adjudicated fines and shall pay a compensation for the damage  caused. If the negligence is 
of minor importance, criminal liability s hall not be adjudicated. In such cases the amount of the 
compensation may be adjusted.  
 Chapter 10.  Provisions on Judicial Proceedings  
 
Article 1.  The holder of a plant breeder´s right or anyone who,  pursuant to a license , has a right 
to exploit a plant  variety, is entitled to bring an action in order to determine  whether the registration 
provides protection against another party. A condition for this is that there is uncertainty in this 
respect and that this is to the disadvantage of the holder of the plant breeder´s right or the licensee.  
 
Anyone who carries out , or intends to carry out , a business activity may, on the same conditions, 
bring an action against the holder of a plant breeder´s right  in order to determine whether there is , 
due to the registration, an obstacle against the activity.  
 If it is claimed, in a case as referred to in the first P aragraph, that the registration should be 
invalidated, the provisions of Chapter 9, Article 10, second P aragraph, wi ll apply . 
 
Article 2.   Anyone who intends to bring an action for the invalidation of the registration of a plant 
variety, for the transfer of a registration or for obtaining a compulsor y license shall notify the 
Swedish Board of Agriculture  about this fact and inform anyone who is recorded in the Plant Variety Register as a licensee having the right to exploit the plant variety. If a licensee intends to 
bring an action for the infringeme nt of the plant breeder´s right or for the determination of a 
matter referred to in Article 1, first P aragraph, the licensee shall notify the holder of the plant 
breeder´s right about this fact.  
 
The notification requirement shall be considered as fulfilled when a notification has been sent, in 
registered mail, to the address recorded in the Plant Variety Register.  
 
If it is not shown, when the action is brought, that a notification has been made or information has 
been sent, the plaintiff shall be given time to do so. If the plaintiff does not comply within the time period afforded, the action must not be taken up for consideration.  (Act 2005:1216).  
 Article 3. The Patent and Market Court is the competent Court in cases and matters under this 
Act. The same applies to cases concerning better title to a plant variety under Chapter 5, Article 7.  
 The provisions in the Code of Judicial Procedure relating to limitation of the competence of a Court 
in disputes which have to be initiated otherwise than before a Court shall, however, not apply to 
applications for an order to provide information or for an order for an infringement investigation.  
(Act 2016:215).  
 Article 4.  The Court shall transmit a copy of any judg ment or final decision in cases under this 
Act to the Swedish Board of Agriculture . (Act 2005:1216) .  
 
Article 5.  A final decision by the Swedish Board of Agriculture  may be appealed by the party 
concerned by the decision . 
 
An appeal against a decision whereby an application for registration has been approved may, 
however, be brought only by a party that has, in due course, filed an opposition against the 
application.  
 A decision whereby an application for the transfer of a registration under Chapter 5,  Article 8, has 
been approved may be appealed  by the applicant. Anyone who has brought an action for such a 
transfer may appeal a decision through which the claim has been rejected.  (Act 20 16:215).  
 Article 6.  A decision by the Swedish Board of Agricultur e may be appealed to the Patent and 
Market Court within two months from the date of the decision.  (Act 2016:215). 
 
Chapter 11.   Special Provisions  
 Article 1.  A  holder of a  plant breeder´s right who does not have domicile in Sweden shall have a 
representative with residence here. The representative shall be authorised to receive  serving of 
summons, invitations and other documents in cases relating to the plant breeder´s right with the 
exception of summons in criminal cases and of invitations to parties to personally appear before 
the Court. The representative shall be notified to the Plant Variety Register and be recorded there.  
 
If the holder of the plant bree der´s right has not notified a  representative unde r the first P aragraph, 
the serving may instead be carried out by the transmission of the document  to be served to him or 
her, to the address recorded in the Plant Variety Register. If  no complete address is  recorded in the 
Register, the serving of the document may be carried out through keeping the document available  
at the Swedish Board of Agriculture  and the publishing of this fact and of the main contents of the document in a publication decided by the Government. The serving of shall be deemed to have 
carried out when what has been said now has been fulfilled . Act (2005:1216).  
 Article 2.  The Government or a Public Authority as decided by the Government may issue 
provisions concerning the amount of fees under this Act.  
 
Article 3.  The Government may prescribe that plant varieties for which registration is being sought 
may be submitted to tests  at a Public Authority in another State or at an I nternational Institution. 
Furthermore, the Government may prescribe that persons who apply for registration of a variety for which they have earlier applied for registration in another State shall be oblige d to provide 
information about what the Public Authority in that State has stated to them as regards the examination of the conditions for registration.  
 Chapter 12. On European Community Plant Variety Rights.  
 Article 1.  Anyone who files an application f or a European Plant Variety Right to the Swedish 
Board of Agriculture for transmission pursuant to Article 49.2 of the Council Regulation (EG) No 
2100/94 of July 27, 1994, on the Community Plant Variety Rights shall pay a fee to an amount 
decided by the Go vernment . (Act 2005:1216).  
 Article 2.   In cases of infringement of a Community plant variety right, the provisions in Chapter 9, 
Articles 1 and 1 a , on liability and forfeiture and Articles 7 a to 7 h on infringement investigation shall 
apply. In other respects, Chapter 9, Articles 2 to 7 apply in so far as otherwise does not follow from 
Council Regulation (EC) No 2100/94 of 27 July 1994 on the Commun ity Plant Variety Right s. In 
such cases , the provisions on infringement of a plant breeders´ right shall apply to infringement of a 
Community Plant Variety Right.  (Act 2009:115).  
 Transitional Provisions  Act (1997:306).  
1. This Act enters into force on the date decided by the Government. Through this Act the Act on Plant Breeder´s Rights (No 1971:392) is abrogated. ( Note : According to Regulation 
(SFS 1997: 308)  the Act entered into force on July 1, 1997) . 
2. This Act applies also to plant varieties registered at the date of the entry into force or which 
have been registered on the basis of applications filed before that date, where not otherwise follows from what is prescribed below.  
3. An application for registr ation which has been published before the entry into force shall 
be processed and decided according to the provisions previously in force.  
4. The new provisions do not apply to measures taken or rights acquired before the entry into force.  
5. The provisions of C hapter 2, Article 4, second P aragraph, in the new Act do not apply to 
plant variety material which has been brought into circulation according to Article 4, third 
Paragraph, of the Act previously in force.  
6. The question of invalidation of a registration of a plant variety which has been registered 
according to the provisions previously in force shall be determined according to the 
previous provisions.  
7. Where someone before has, the entry into force , started the exploitation of plant variety 
material in a mann er which did not require authorisation by the holder of the plant 
breeder´s right under the provisions previously in force but which requires such an authorisation under this Act, he or she may, notwithstanding the new provisions, continue 
the planned acti vity to the extent necessary and customary, however not for more than five 
years from the entry into force. Such a right has also, under the same conditions, anyone who has taken significant measures to exploit the plant variety.  8. Where an application for r egistration concerns a plant variety on which the provisions 
previously in force were not applicable and the application is filed within one year from the 
entry into force of this Act, the time limit under Chapter 3, Article 2. item 1,  shall be four 
years instead of one year.  
9. As regards decision s by the National Plant Variety Board which h ave been t aken before 
the entry into force, the provisions concerning appeals which were previously in force shall apply.  
 Note.  The provisions on the entry into force of subsequent amendments to the Act are not 
translated here.  
 
                                            ----------------------------  