1   
Act No. 1131 of 3 July  2020  
 
 
The Consolidate d Plant Variety Protection Act i
 
 
This is to consolidate the Act on Plant Variety Protection, cf. Act No. 10 of 4 January  2017 with the 
amendments that ensue from Article 1 in Act No. 809 of 9 June 2020.  
 
Chapter I  
Scope of the Act  
Article 1  
(1) Varieties of all species and genera of plant s may be protected as plant novelties if at the time of 
granting the protection they are  
1) distinct , by which is meant that they are distinguishable by one or more characteristics, or by a 
combination of characteristics, from any other variety known at the time when protection is 
applied for,  
2) sufficiently uniform , 
3) stable in their specific characteristics (main characteristics) when propagated in accordance with 
the method specified by the breeder , and 
4)   new, by which is meant that the propagating material or harvested material of the variety has not 
prior to the application been offered for  sale, sold or in any other manner transferred with the 
consent of the holder  of the variety  and with a view to commercial utilization  
a) in this country for more than one year, or  
b) in a foreign country for more than four years or, in case of grape vines , trees and their root -
stocks, for more than six years.  
(2)  Notwithstanding paragraph 1, No. 4 , a variety is considered a novelty  
 1)   even though material of a variety has been sold or transferred  
a) to an official institution for legal purposes , 
b) to others in accordance with a contract or other legally binding arrangement with a view 
solely to propagation or treatment and s torage for the purpose of propag ation, provided that the 
recipient did not hold a right of disposal over the material of the varie ty, or  
c) by one company to another company, if one of the companies is owned by the other or both   
companies are owned by a third company, provided that none of the companies are 
cooperative societies, and  
 2)  even though propagation material , or harvested material of the variety produced from plants , 
that have been cultivated for the purpose of experiments or breeding has been offered for sale, 
sold, or transferred to others provided that this has happened without reference to the variety . 
(3) Paragraph 2 does not apply to varieties used for the production of a hybrid variety if repeated use 
of the variety is necessary for the production, and if material of the hybrid variety has been sold or 
transferred to others.  
   
Article 2  
As an exception The Minister for Food, Fisheries and Equal Opportunitiesii may approve the protection 
of a variety that does not satisfy the conditions laid down in Article 1 , paragraph 1, No. 4, if it is 2  considered to be of economic interest to agriculture.  
 
 
Chapter 2  
Applic ation  
Article 3  
(1) An application for entry of a variety into the Register of Plant Novelties shall be submitted to the 
Plant Novelties Board  by the holder of the variety . If the holder is not resident in or does not have 
his registered office in a Member State of the European Union, application shall be submitte d by an 
agent, appointed by the holder of the variety , who is resident in or has his registered office in 
Denmar k.  
(2) The applicant shall present evidence of his right to submit an application  for the variety before the 
Plant Novelties Board, cf . Article 22. If an agent makes the application  on behalf of the holder of the 
variety , the agent shall present documentation of his authority to represent the holder of the variety in 
all matters relating to the application and registration.  
(3) The Board may require the applicant  to provide such information as it considers necessary for the 
examination of the applicat ion and may fix a time limit for doing so . 
(4) At the time of submitting the application an application fee shall be paid . 
 
Article 4  
(1) The application is entered in  the journal kept by the Plant Novelties Board immediately after receipt, 
and a copy of the appli cation provided with the Plant Novelties Board ’s note as to the date of entry in  
the journal shall be returned immediately to the applicant. The Plant Novelties Board shall publish a 
notice of the application.  
(2) The journal shall be accessible by the public.  However, this does not apply to information concerning 
the genealogical components of hybrid varieties and descriptions here of, if the applicant has requested 
that the information be treated as confidential.  
 
 
Article 5  
(1) The Plant Novelties Board may delete an entry from the journal if the applicant does not provide the 
information required by the Board pursuant to Article 3 , paragraph 3 , within the time limit fixed by 
the Board . 
 
 
Article 6  
(1) From the time of filing the application, the applicant has priority in obtaining protection of the variety 
over other s who subsequently submit  an application for protection of the same variety.  
 
(2) At the request of the applicant, the Plant Novelties Board may establish priority for the application 
from the date of the first application for protection of the variety in any Member State of the 
International Union for the Protection of New Varieties of Plants (UPOV) , if the first application was 
filed within the previous 12 months. The request shall be made at the time  of the submission of the 
application in this country and shall be accompanied by documentation of receipt of the first 
application  
 
 3  Article 7  
(1) As soon as possible aft er entry of the application in  the journal, the Plant Novelties Board shall make 
a provis ional examination to establish whether the variety may be considered to fulfil the conditions 
for protection. If based upon such examinations the Board finds that the conditions for protection are 
fulfilled, the Board shall publish a notice of the applicat ion together with an invitation to all concerned 
to make known within a specified time limit any objections to the registration of the variety.  
 
 
Article 8  
(1) The Plant Novelties Board shall refer any objections to the applicant's right to apply for protection of 
the variety to the Danish court  system . When the Board is informed of such legal proceedings, it shall 
so indicate on  the application.   
 
(2) If based on  other objections the Board decides to delete the application from the journal and to 
discontinue the testing , a notice to this effect shall be published by the Board.  
 
 
Chapter 3  
Testing and registration  
Article 9  
(1) Before a variety for which an application  has been submitted can obtain protection, cf. however, 
Article 21, the Plant Novelties Board shall establish whether the variety can be considered to fulfil 
the conditions for protection , including whether it has the special characteristics mentioned in t he 
application. The Board may to the necessary extent call  for testing  of the variety.  
(2) Testing as to whether a variety can be considered to meet the conditions for obtaining protection 
must be carried out by a  private legal person appointed for this purpose pursuant to Article 5 a, 
paragraph 1, of the Act on Plants and Plant Health etc.  
 
Article 10  
(1) If the variety is considered to meet the conditions for protection, the Plant Novelties Board shall enter 
the variety in the Register of Plant Novelties under a variety denomination, which has been approved 
in accordance with provisions laid down by the Minister for Food, Fisheries and Equal Opportunities . 
(2) The Plant Novelties Board may refuse registration of a variety , if the holder of the variety does not 
comply with the Board’s request to propose a denomination for the variety within a fixed time limit, 
or fails to propose a new denomination , where the Board has found that the proposed denomination 
does not meet the conditions for approval.  
(3) Where legal proceedings are pending,  cf. Article 8 , paragraph 1, a note to this effect shall be made in 
the Register of Plant Novelties.  
Article 11  
(1) The protected variety  must be designated by the approved variety denomination . This also applies 
after the termination of protection.   
(2) It shall be permitted to use an additional denomination for the protected variety in connection with the 
variety denomination . 
(3) At the request of the holder  of the variety , the Plant Novelties  Board may in special cases allow an 
additional denomination to the protected variety  other than the denomination  originally approved.  4  (4) The Minister for Food, Fisheries and Equal Opportunitie s shall lay down pro visions on the 
denomination of protected varieties . 
 
Article 12  
(1) Simultaneously with the publication of the registration, the Plant Novelties Board shall issue a 
certificate of protection, which shall be delivered  to the applicant against payment of a registration 
fee. The certificate of protection shall be valid for a period of one year, and the period of validity may 
be extended by one year at a time for up to 25 year s or, for varieties of potatoes  up to 30 years , starting 
on the date of issue of the certificat e of protection, cf., however, A rticle 21 , paragraph 1 . 
(2) Extension of t he validity of the certificate of protection happens by paying  an annual registration fee 
to the Plant Novelties Board.  
(3) Notwithstanding  paragraph 1, the Minister for Food, Fisheries and Equal Opportunities  may lay down 
provisions that the validity of the certificate of protection for varieties of further specified species and 
genera can be extended for a period of up to 30 years.  
 
Post co ntrol  
Article 13  
(1) The Plant Novelties Board may carry out post control to ensure that the holder of the variety maintains 
the protected variety  satisfactorily .  
(2) Within the time limits fixed by the Plant Novelties Board,  the holder of the variety shall make the 
necessary plant material available to the Board  for post control . 
 
Deletion  
Article 14  
(1) The Plant Novelties Board delete s a protected variety  from the Register of Plant Novelties, if  
1) it is proved that the protected va riety at the time of registration did not meet the conditions in Article 
1 for entry , 
2) the Board by post control  finds  that the protected variety  is not maintained  satisfactorily,  
3) the holder  of the variety  in writing requests the Board for deletion , or 
4) the annual registration fee is not paid.  
(2) The Plant Novelties Board may also delete a protected variety  from the Register of Plant Novelties if the 
holder of the variety does not comply with the Board’s request before the expiry of a fixed  time limit on 
1) making the necessary material available to the Board for post control, or  
2) propos ing a new denomination for the variety in cases where the B oard has subsequently found that 
the approved denomination does not comply with the provisions laid down by the Minist er for Food, 
Fisheries and Equal Opportunities . 
(3) The deletion takes place 2 months after the holder  of the variety has received notification of the Plant 
Novelties Board’s decision unless the holder of the variety brings the case before the court  system  before 
the expiry of this deadline.  
 
Article 15  
If a protected variety  is deleted from the Register of Plant Novelties , it cannot be re -entered in the register. 5  The Plant Novelty Board publishes a notice of the deletion and the reasons for this.  
 
Chapter 4  
Scope of protection  
Article 16  
(1) Material of a protected variety may only, with the permission of the holder of the variety and only on 
the terms established by the holder of the variety , including payment of a suitable license fee  
1) be used for commercial pr oduction, propagation or treatment and storage for the purpose of 
propagation and  
2) be offered for sale, be sold, transferred , or stored for the purpose of  sale or transfer.  
 
(2) The Minister for Food, Fisheries and Equal Opportunities may lay down provisions  that anyone who 
propagates  protected varieties  of specified species only for commercial use in his own holding must 
also pay a license fee to the holder  of the variety . 
(3) Anyone who commercially  propagates a protected variety  or sells propagating material th ereof must 
provide the holder of the variety with the information necessary for the calculation and collection of 
license fees.  
(4) Paragraphs 1 - 3 shall apply mutatis mutandis  
1) in relation to harvested material  obtained using material of a protected variety  if the holder  of the 
variety  
a) has not authorized the use of the material , and 
b) has not had the opportunity  to exercise his rights under paragraph 1 in relation to the  material 
and 
2) in relation to  varieties that  
a) are essentially derived from a protected variety , if it is not itself an essentially derived variety 
or 
b) are not distinct  in relation to the protected variety , cf. Article 1, paragraph 1 , no. 1 or 
c) can only be produced by repeated use of the protected variety . 
(5) The Minister for Food, Fisheries and E qual Opportunities may decide that paragraph 1 -3 under the 
conditions laid down in paragraph 4, no. 1, shall also apply to products made from material of a 
protected variety  or harvested material thereof.  
(6) The terms  set by the holder  of the variety , cf. paragraph 1, may only relate to the use and offer for 
sale as stated in paragraph 1, Nos. 1 and 2 , and the license fee . The terms shall be reasonable and 
identical for all producers.  
Article 17  
Protected varieties  may be used freely for research and breeding activities.  
 
Article 18  
 
(Repealed)  
 
Article 19  6   
(1) The holder of the variety may not charge a fee for the use of a trademark -registered additional 
denomination , cf. Article 11, paragraph 2, until after the course of 25 years or  30 years, respectiv ely, 
cf. Article 12, paragraph 3 , starting on  the date of issue of the certificate of protection  for the protected 
variety , regardless of whether the registration is maintained throughout the period.  
(2) Paragraph 1 shall not apply to propagating material of a variety protected in this country if the 
propagating material originates in a State , where  the variety  is not protected . 
 
Article 20  
 
(1) If the Minister for Food, Fisheries and Equal Opportunities deems it necessary to ensure the prevalence  
of  a protected variety  or to counteract a significant deterioration in the conditions for a n industry , the 
Minister may order the holder  of a variety to give one or more persons permission for commercial 
propagation and sale of propagating material of the protected variety and within a reasonable time on 
their own  or through others accommodate  requests  for suitable propagating material. The provisions 
of article  16 apply mutatis mutandis . 
(2) A patent holder who is unable to obtain or exploit a patented invention without infringing an older 
variety  protection may apply for a compulsory license for non -exclusive exploitation of the protected 
variety , if the compulsory license is necessary for th e exploitation of the invention to be patented and 
against payment of a reasonable license fee.  A compulsory license is only granted if the patent holder 
proves, that an inquiry to the holder of the variety to obtain a license has been made in vain, and th at 
the invention constitute an important technical progress, which  is of econ omic significance compared 
to the protected variety.  
(3) If a holder of a variety has obtained a compulsory license in relation to the Patent Act to exploit a 
patented invention,  the patent holder has the right to obtain a mutual license on reasonable terms to 
exploit the protected variety . 
Article 21  
(1) The terms mentioned in Article 16 , paragraph 1 , can be asserted  by the holder of the variety in the 
period from  application of a variety until it is entered in the Register of Plant Novelties  (the period of 
application), provided that the holder of the variety notifies the Plant Novelties Board. The protection 
period stated in Article 12 , shall in this case start o n the date of entry of the notification  in the journal 
kept by the Plant Novelties Board. The provisions  laid down  in Articles 11 and 20 shall be applied 
mutatis mutandis  during the period of application.  
(2) License fees  collected in the period of application  shall be deposited by the producer on a blocked 
account in a financial institution in favor of the holder of the variety. The amount shall be released if 
the variety is entered in the Register of Plant Novelties. Otherwise the d eposited amount  shall be 
returned to the producer , inclu ding any accrued  interest . 
(3) If the application for protection of a variety is withdrawn, or if the entry o f the variety in the Register 
of Plant Novelties is refused, the variety may be used freely for propagation. A producer wh o during 
the period of application has used the variety for propagation shall be treated  as if an unprotected 
variety had been used.  
 
Chapter 5  
Administration  
Article 22  
(1) The Minister for Food, Fisheries and Equal Opportunities sets up a board, the Plant Novelties Board , 7  to administer the provisions laid down in chapters 2 and 3 of the Act.  
(2) The Minister lays down the composi tion and functions of the Board  in the Board’s rules of 
procedure. The Minister can furthermore determine  that a private legal person entirely or partly 
carries out the secretaria l function  of the Board  and that this private legal person as part of the 
secretaria l function can take administrative decisions on behalf of the Board . 
 
Appeals  
Article 23  
(1) Decisions taken by the Plant Novelties Board in relation to chapter s 2 and 3 cannot be brought 
before another administrative authority.  
 
Article 23 a  
(1) Decisions taken  pursuant to this Act or rules issued pursuant to it may, unless otherwise provided  in 
this Act or in  rules issued pursuant to it,  be appealed to the Board of  Environment and Food Appeals , 
which hears the case in the depa rtment referred to in Article 3,  paragraph 1, no. 4, of the Act on the 
Board of Environment and Food Appeals , and can thus not be brought  before another administrative 
authority.  
(2) Appeals  to the Board of Environment  and Food Appeals  shall  be submitted in writing to the authority 
who has taken  the decision by use of a digital self -service, cf. however , Article 21, paragraph 2 -4, of 
the Act o n the Board of Environment and Food Appeals . The Authority shall, if the decision is upheld , 
as soon as possible and , as a general rule,  no later than 3 weeks after receiving the appeal, forward  
the appeal to the appeal s board . The appeal  must  be forwarded together with the appealed decision , 
the documents used  in the assessment of the case and a statement  by the authority containing its 
comments on the case and the objections raised in the appeal.  
 
Services etc.  
Article 24  
If the holder of the variety is not a resident  or have their  registered office in this country, service  etc. may 
be effecte d on an agent who is a resident or has their  registered office in this country. In all other cases, 
services  etc. shall be effected in accordance with Article 159 of  the Administration of Justice Act.  
 
Fees  
Article 25  
(1) The Minister for Food, Fisheries and Equal Opportunities may lay down 
provisions concerning  
1) fees to cover the cost  of processing  applications, cf. Article 3, paragraph 4 , 
and  extension of the validity o f the certificate of protection, cf. Article 12, 
parag raph 2,  
2) interest caused by late payment of fees, and  
3) fees for reminder  letter s. 
 8  Penalties and compensation provisions etc.  
Article 26  
(1) Anyone, who infringes  Article 16, paragraph 1, 3, or 4 , is punished with a fine. Infringement  of the 
said provisions is subject to private prosecution.  
(2) Anyone who commits any of the following is also punished with a fine:  
1) Infringes  Article 11, paragraph 1, or  
2) Fails to comply with orders issued in accordance with A rticle 20.  
(3) Regulations issued pursuant to Article 11, paragraph 4 , and Article 16, paragraph 2 and 5,  may provide 
for a penalty of a fine for infringement  of the provisions og the regulations. Infringement  of 
regulations issued  pursuant to Article 16, para graph 2 and 5 , is subject to private prosecution.  
(4) Companies etc. (legal persons) can be imposed criminal liability accordin g to the rules in  chapter 5 
of the Criminal Code.  
 
Article 26 a  
(1) Anyone who intentionally or negligently  infringes  the rights of a holder of a variety shall pay  
1) a reasonable remuneration to the aggrieved  party for the exploitation  and 
2) a compensation to the aggrieved  party for the additional damage caused by the infringement . 
(2) In determining compensation under paragraph  1, No. 2, account must be taken of e.g. the  lost profits of 
the aggrieved party and the unjustified profits  of the infringer . 
(3) In cases pursuant to  paragraph 1, in addition, compensation may be set for non -pecuniary damage  of 
the aggrieved party.  
 
Article 2 6 b 
(1) In order to prevent further infringements , the court may, if a claim to this effect has been made, by 
judgment, e.g. decide  that a product infringing a protected variety  must  be 
1) withdrawn from trade , 
2) finally removed from trade , 
3) destroyed , 
4) handed over to the aggrieved party or  
5) changed in a specified manner.  
(2) Paragraph 1 shall apply mutatis mutandis  to materials, tools, etc., which have primarily been used for 
illegal exploitation  of a protected variety . 9  (3) The measures pursuant to paragraph 1 must be carried out without compensation to the infringer and 
does not affect a possible compensation to the aggrieved  party. The measures shall be implemented at 
the expense of the infringer, unless there are special reasons to the contrary.  
(4) In a judgment  on measures pursuant to paragraph 1, the court must take into account the relation 
between the extent of the infringement, the measures ordered and the interests of third parties.  
(5) The court may, if a claim to this effect has been made, give the infringer  permission to have at their 
dispos al the products, materials, tools etc. mentioned in paragraph 1 and 2, during the period the variety 
is protect ed, or part of that period , for a reasonable remuneration . However, this only applies if  
1) the infringer has a cted neither intentionally nor negligently,  
2) the measures pursuant to paragraph 1 would disproportionally damage  the infringer  and 
3) a reasonable remuneration is sufficient.  
 
Article 26 c  
(1) In a judgment convict ing someone  under Article  26 a or Article  26 b, the court may, on request, decide 
that the judgment shall be published in full or in part. 
(2) The duty to publish rests with the infringer. The publication shall be at the expense of the infringer 
and in as prominent a manner as may reasonably be requi red. 
 
Article 26 d  
The provisions of Articles 26 a -26 c shall apply mu tatis mutandis to infringements of plant varieties  
protected under Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety 
rights.  
 
 
Entry  into force etc.  
 
Article 27 
(1) This Act sh all enter into force on 1 January 1988. 
(2) At the same time Act No. 205 of 16 June 1962 on  the protection of plant breeders’ rights is repealed . 
(3) Provisions laid down under  the Act referred to in paragraph 2 shall remain in force until they are 
repealed by the Minister for Food, Fisheries and Equal Opportunities. Violations  of the provisions 
shall be punishable by a fine.  
 
Article 28  
 
(1) The Provision laid down in Article 19, paragraph 1 , shall apply for  
1) plant varieties  registered on or after 1 January 1988, and  
2) registered plant varieties  for which the holder of the variety , after the entry  into force of the Act , 
exploits the right to an extended period of protection as referred to  in Article 12.  
 
Article 29  
This Act shall not apply to the Faroe Islands and Greenland.  1
0   
 
The Act No. 1715 of  27 December 2016 on the Board of Environment and Food Appealsiii contains the 
following entry into force and transitional provision:  
Article 24  
(1) This Act shall enter  into force on 1 February 2017  
(2) (Omitted ) 
(3) The Minister for Industry, Business and Financial Affairsiv may, after consultation with the 
Minister of Agriculture, Fisheries and Equal Opportunities , lay down transitional rules.  
(4) (Omitted ) 
(5) Rules laid down pursuant to previously applicable  rules shall remain in force until they are repealed 
or replaced by rules laid down on the basis of  this Act. Violation  of the rules shall be  punished in 
accord ance with the previously applicable rules.  
(6) Pending appeals before the Nature and Environment Appeals Board or  the Appeals Cent re for 
Food, Agriculture and Fisheries, which have not been completed by the entry into force of this Act, 
shall be finalized and decided by the Board of Environment and Food Appeals in accordance with 
the rules laid down in this Act. Howe ver, this does not apply to pending appeals to the  Nature and  
Environment Appeals Board which , upon entry into force of this Act,  must be finalized and decided 
by the Planning Appeals Board, cf. article  1 of Act of the Planning Appeals Board.  
(7) (Omitted ) 
 
 
 
Act No. 809 of 9 June 2020 (Tasks in connection with variety  list approval and certification, i ncluding 
delegation to private actors and fee financing of some of the tasks)v contains the following provision on 
entry into force:  
 
Article 3  
This Act shal l enter into force on 15 June 2020 . 
 
The Agricultural Agency , 3 July  2020  
Louise Piester  
/ Kristine Riskær  
 
i The Act contains provisions to implement parts of the European Parliament and Council directive 98/44/EC of 6 July 1998 concerning legal protection of 
biotechnological inventions (EF -Tidende 1998 No. L213, p. 13) and provisions which implement parts of European Parliament and Council directive   
2004/48/EC of 29 April 2004 concerning om enforcement of intellectual property rights (EU -Tidende 2004 No. L 195, p. 15).  
 
ii By royal decree  of 28 June 2015 the Ministry of the Environment and the Ministry of Food, Agriculture and Fisheries merged into the M inistry of Environment and food,  cf. 
Regulation No. 1229 of 3 November 2015 on change in the distribution of business between ministers. By royal decree  of 27 June 2019 the responsibility for cases concerning 
agriculture, including organic farming, food safety, food health , and food supply , animal welfare, including the institutions etc. belonging to the areas, cases concerning equal 
opportunities, and cases concerning fisheries was referred to the Minister of Food, Fisheries and Equal Opportunities, cf. Ar ticle 8, paragraph 1 in regulation  No. 794 of 8 August 
2019 on change in the distribution of business between the ministers. The other areas under the Ministry of the Environment and Food fall under the direction and 
responsibility of the Minister of the Environment  cf. the Regulation Arti cle 8, paragraph 3.  
                                                       1
1                                                                                                                                                                                                
iii The amendment to the Act concerns the insertion of Article 23 a.  
 
iv By Royal d ecree of 28 November 2016 the term Ministry of Business and Growth has been changed to Ministry of Industry, Business and Financial Affairs, cf. 
regulation  No. 1777 o f 23 December 2016.  
 
v Changes in the Act concerns changes in Article 3, paragraph 2, Article 5, Article 9, paragraph 1 and 2, Article 19, paragraph  2, Article  22, paragraph 2, Article 
25, and Article 28.  
 