Vegetables 

Regulation:

  • Council regulations on plant variety rights (94)
  • Law 3/2000 de Regimen Jurídico de la protección de las obtenciones vegetales

Protection : A grant of plant variety rights for a new plant variety gives you the exclusive right to produce for sale and to sell propagating material of the variety.

definition:

  • Art. 5 Reg 2100/94 CE:

  • Varieties of all botanical genera and species, including, inter alia, hybrids between genera or species, may form the object of Community plant variety rights.

Conditions

community plant variety rights shall be granted for varieties that are:

  • distinct
  • uniform
  • stable
  • new
  • Moreover the variety must be designated by a denomination

PROTECTION OF TOPOGRAPHIES OF SEMICONDUCTORS :

  • council directive 1986 on the legal protection of topographies of semiconductor products
  • law 1988 de protección juridical de las topografías de los semiconductores
  • Reglamento 1988

Definition OF SEMICONDUCTOR PRODUCT

  • A semiconductor product shall mean the final or an intermediate form of any product :
    • consisting of a body of material which includes a layer of semiconducting material; and
    • having one or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with predetermined three dimensional pattern; and
    • intended to perform, exclusively or together with other functions, an electronic function

THE TOPOGRAPHY OF A SEMICONDUCTOR PRODUCT shall mean a series of related images, however fixed or encoded:

  • representing the three-dimensional pattern of the layers of which a semiconductor product is composed, and
  • in which series, each image has the pattern of part of the pattern of a surface of the semiconductor product at any stage of its manufacture

THE PROTECTION

requires:

  • that it is the result of its creator’s own intellectual effort and is not common place in the semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken ad a whole, fulfill the above mentioned conditions

Is acquired through its registration

exclusive rights