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The breeder's right means that no other person may convert a plant variety to a source of income without the authorisation of the owner of the breeder's right (licence agreement): produce, reproduce, offer for sale, sell or otherwise sell, export and import. The owner of the breeder's right has the right to receive a fee for the use of variety propagating material.
The breeder's right shall be granted if the variety is young, different, uniform and stable.
The procedures for the granting of breeder's rights and the protection of rights have been adjusted in the regulatory enactments of Latvia The resolution applies to all varieties of plant genera and species (including hybrids). The owner of the breeder's right has the right to receive a fee for the use of variety propagating material.
In order to acquire the breeder's rights, a person shall submit an application to the State Plant Protection Service.

Process description

  1. Service requests
    E-mail
    • the customer shall send the documents to the e-mail address of the State Plant Protection Service or to the official electronic address.
    • documents must be signed with a secure electronic signature.

    Mail
    • the customer sends the documents by mail.

    In person
    • the customer arrives at the State Plant Protection Service and submits documents.

    Documents to be submitted:
    1. The form “Application for Granting the breeder's Rights” has been completed.
    2. A mandate (if the application is submitted by the authorised representative).
    3. In the case of varietal differentiation, uniformity and stability checks:
    • a varietal inspection report;
    • a description of the variety issued by the institution which carried out the variety inspection or a certified copy of the variety description.
    3. In the absence of a verification of varietal diversity, uniformity and stability, a technical questionnaire for the variety in accordance with regulatory enactments.
    4. When requesting a convention priority - a registered copy of the application confirming the priority date.
    5. If the breeder's rights are protected in another country, a copy of the certificate for granting the first breeder's rights.

    The State Plant Protection Service shall:
    • review the documents submitted;
    • take a decision regarding registration or refusal to register an application for the granting of the right of the breeder.

  2. Payment of state fee
    National fee must be paid before the service is received
    EUR 61,18 in accordance with paragraph 3 of Cabinet Regulation No 173 of 13 March 2012, Regulations Regarding State Charge in the Field of Plant Variety Protection.

    State Fee Properties
    Consignee: Treasury
    Registration No 90000050138
    Account No. LV37TREL1060160919900
    Bank: Treasury
    BIC: TRELLV22
    Notes: Revenue classification code 9.1.9.9.
    Objective: On the granting of breeder's rights

  3. Receipt of services
    Mail
    • Customer receives notification regarding registration of the application or refusal of registration to the specified postal address

    In person
    • the customer arrives at the State Plant Protection Service and receives a statement regarding registration of the application or refusal of registration

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