Factsheet: Variety protection act

Secures the rights of holders of a plant variety right. Austria shall by way of ordinance declare those species protectable under a plant variety right for which there is a possibility of conducting the required plant variety examinations and for whose varieties there is economic demand. If the holder of a plant variety right was granted a plant variety right under this Federal Law prior to the grant of the Community variety right as laid down in Council Regulation (EC) No 2100/94 on Community plant variety rights, the rights under this Federal Law cannot be exercised for the term of the respective Community right in the variety. Apart from protectable varieties, this Federal Law shall apply also to 1. plant varieties essentially derived from another variety, except if the protected variety is itself a variety essentially derived from another variety; 2. varieties not clearly distinguishable from the protected variety; 3. varieties whose production requires the repeated use of the protected variety.