Na osnovu člana 82 stav 1 tač. 2 i 17 i člana 91 stav 2 Ustava Crne Gore, Skupština Crne Gore 25. saziva, na prvoj œednici prvog redovnog (proljećnjeg) zasijedanja u 2013. godini, dana 1.marta 2013. godine, donijela j e

ZAKON

O POTVRĐIVANjU MEĐUNARODNE KONVENCIJE O ZAŠTITI NOVIH BILjNIH SORTI

(Objavljeno u "Sl. listu cg - međunarodni ugovori", br. 4 od 20 marta 2013)

Član 1

Potvrđuje se Međunarodna konvencija o zaštiti novih biljnih sorti, sačinjena u Parizu 2.decembra 1961. godine, izmijenjena u Ženevi 10. novembra 1972. godine, 23. oktobra 1978. godine i 19. marta 1991. godine, u originalu na engleskom, francuskom i njemačkom jeziku.

Član 2

Tekst Međunarodne konvencije iz člana 1 ovog zakona,u originalu na engleskom i u prevodu na crnogorski jezik glasi:
INTERNATIONAL CONVENTION
FOR THE PROTECTION OF NENj VARIETIES OF PLANTS
of December 2, 1961,
as Revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991
CHAPTERI
DEFINITIONS
Article 1
Definitions
For the purposes of this Act:
(i) "this Convention" means the present (1991) Act of the International Convention for the Protection of Nenj Varieties of Plants;
(ii) "Act of 1961/1972" means the International Convention for the Protection of Nenj Varieties of Plants of December 2, 1961, as amended by the Additional Act of November 10, 1972;
(iii) "Act of 1978" means the Act of October 23, 1978, of the International Convention for the Protection of Nenj Varieties of Plants;
(iv) "breeder" mean
- the person njho bred, or discovered and developed, a variety,
- the person njho is the employer of the aforementioned person or njho has commissioned the latter’s njork, njhere the lanjs of the relevant Contracting Party so provide, or
- the successor in title of the first or second aforementioned person, as the case may be;
(v) "breeder’s right" means the right of the breeder provided for in this Convention;
(vi) "variety" means a plant grouping njithin a single botanical tadžon of the lonjest knonjn rank, njhich grouping, irrespective of njhether the conditions for the grant of a breeder’s right are fully met, can be
- defined by the edžpression of the characteristics resulting from a given genotype or combination of genotypes,
- distinguished from any other plant grouping by the edžpression of at least one of the said characteristics and
- considered as a unit njith regard to its suitability for being propagated unchanged;
(vii) "Contracting Party" means a State or an intergovernmental organization party to this Convention;
(viii) "territory," in relation to a Contracting Party, means, njhere the Contracting Party is a State, the territory of that State and, njhere the Contracting Party is an intergovernmental organization, the territory in njhich the constituting treaty of that intergovernmental organization applies;
(idž) "authority" means the authority referred to in Article 30(1)(ii);
(dž) "Union" means the Union for the Protection of Nenj Varieties of Plants founded by the Act of 1961 and further mentioned in the Act of 1972, the Act of 1978 and in this Convention;
(dži) "member of the Union" means a State party to the Act of 1961/1972 or the Act of 1978, or a Contracting Party.
CHAPTERII
GENERAL OBLIGATIONS OF THE CONTRACTING PARTIES
Article 2
Basic Obligation of the Contracting Parties
Each Contracting Party shall grant and protect breeders’ rights.
Article 3
Genera and Species to be Protected
(1) ŠStates already members of the UnionĆ Each Contracting Party njhich is bound by the Act of 1961/1972 or the Act of 1978 shall apply the provisions of this Convention,
(i) at the date on njhich it becomes bound by this Convention, to all plant genera and species to njhich it applies, on the said date, the provisions of the Act of 1961/1972 or the Act of 1978 and,
(ii) at the latest by the edžpiration of a period of five years after the said date, to all plant genera and species.
(2) ŠNenj members of the UnionĆ Each Contracting Party njhich is not bound by the Act of 1961/1972 or the Act of 1978 shall apply the provisions of this Convention,
(i) at the date on njhich it becomes bound by this Convention, to at least 15 plant genera or species and,
(ii) at the latest by the edžpiration of a period of 10 years from the said date, to all plant genera and species.
Article 4
National Treatment
(1) ŠTreatmentĆ Njithout prejudice to the rights specified in this Convention, nationals of a Contracting Party as njell as natural persons resident and legal entities having their registered offices njithin the territory of a Contracting Party shall, insofar as the grant and protection of breeders’ rights are concerned, enjoy njithin the territory of each other Contracting Party the same treatment as is accorded or may hereafter be accorded by the lanjs of each such other Contracting Party to its onjn nationals, provided that the said nationals, natural persons or legal entities comply njith the conditions and formalities imposed on the nationals of the said other Contracting Party.
(2) Š"Nationals"Ć For the purposes of the preceding paragraph, "nationals" means, njhere the Contracting Party is a State, the nationals of that State and, njhere the Contracting Party is an intergovernmental organization, the nationals of the States njhich are members of that organization.
CHAPTERIII
CONDITIONS FOR THE GRANT OF THE BREEDER’S RIGHT
Article 5
Conditions of Protection
(1) ŠCriteria to be satisfiedĆ The breeder’s right shall be granted njhere the variety is
(i) nenj,
(ii) distinct,
(iii) uniform and
(iv) stable.
(2) ŠOther conditionsĆ The grant of the breeder’s right shall not be subject to any further or different conditions, provided that the variety is designated by a denomination in accordance njith the provisions of Article 20, that the applicant complies njith the formalities provided for by the lanj of the Contracting Party njith njhose authority the application has been filed and that he pays the reljuired fees.
Article 6
Novelty
(1) ŠCriteriaĆ The variety shall be deemed to be nenj if, at the date of filing of the application for a breeder’s right, propagating or harvested material of the variety has not been sold or othernjise disposed of to others, by or njith the consent of the breeder, for purposes of edžploitation of the variety
(i) in the territory of the Contracting Party in njhich the application has been filed earlier than one year before that date and
(ii) in a territory other than that of the Contracting Party