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Federal Law Concerning the Protection of New Plant Species

The last update on this law was listed on 31 Dec 2009

Related legislations

Issued Date

31 Dec 2009

Effective Date

14 Jan 2010

Official Gazette Date

13 Jan 2010

Official Gazette No

503

Legislation State

Active

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Article (21) Naming the Species

1 - Every person that offers for sale, markets, or disposes of Propagation and Reproduction Material of a Protected Species in the State shall use the name of that Species, even after the end of the Plant Breeder's right.
2 - The Registrar may, when offering the Species for sale, marketing, or disposal for any purpose, allow the name to be associated with a trademark, trade name, or another mark distinctive from the name of the registered Species. In the case of any connection between the name and that brand, the name must be noticeably distinctive.
3 - No prejudice may be held to any resulting right of any party related to a name to be used for one of the Species, and in this case the Registrar should ask the Plant Breeder to propose another name for the Species.

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