New Plant Varieties
– Plant Variety Protection Act 1987, with latest amendment of July 3, 2020.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), since October 6, 1968, 1991 Act since April 24, 1998.
Applicant: the breeder or his legal successor. Applicant must be resident or have his registered office in Denmark or in a member State of the European Union, or be a national of, be resident in or have his registered office in a State which is a member of the International Union for the Protection of New Varieties of Plants (UPOV).
Foreigners: non-residents must appoint an agent in Denmark.
Conditions for protection: the plant variety must be distinguishable by one or more characteristics from any other known variety, and it must be stable and homogeneous. It may not have been offered for sale or sold with the owner’s consent in Denmark before application, nor in another country for more than four years (six years for grape vines, trees and their rootstocks) before application (except if the variety is found to be of economic interest to agriculture).
Priority: twelve months from the first application filed in another UPOV country.
Territory covered: Denmark (not including Faroe Islands and Greenland).
Filing requirements for an application (to be sent to resident agent):
1. Application form including technical questionnaire;
2. Power of attorney;
3. Assignment, if any.
The variety is subjected to control growth as to the conditions of special characteristics. In some cases, the results from other UPOV authorities are accepted.
Beginning of protection: date of granting.
Duration: twenty-five years; for potatoes, thirty years.
Annuities: annual fees fall due automatically at the end of the quarter year of the date of granting. The protection is valid on condition that the annual fee is paid.
Modification of Protection after Registration
Compulsory licenses: may be granted.