COMMUNITY PLANT VARIETY RIGHTS

Similar documents
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 5

THE PROTECTION OF NEW VARIETIES OF PLANTS ACT Official consolidated text (ZVNSR-UPB1)

(As published in UPOV Gazette No. 94, December 2002) Republic of Moldova State Agency on Industrial Property Protection

RUSSIAN FEDERATION. Law on the Protection of Selection Achievements* (of August 6, 1993) PART I GENERAL PROVISIONS. Article 1.

INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

REPUBLIC OF LITHUANIA LAW ON THE PROTECTION OF PLANT VARIETIES. 22 November 2001 No IX 618 (As last amended by 26 April 2012 No XI-1994) Vilnius

The Community Plant Variety Protection System 1

C/40/15 Annex II / Annexe II / Anlage II page 4 / Seite 4 DRAFT LAW FOR THE PROTECTION OF NEW VARIETIES OF PLANTS TITLE I PURPOSE AND SCOPE OF THE LAW

Provisions on plant variety rights of the European Community are laid down in Council Regulation (EC) No 2100/94 on Community plant variety rights.

REPUBLIC OF SOUTH AFRICA. Plant Breeders Rights Act No. 15 of

PROTECTION OF NEW PLANT VARIETIES ACT

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

BOLIVIA REGULATIONS ON PROTECTION OF PLANT VARIETIES CHAPTER I GENERAL

UZBEKISTAN LAW OF THE REPUBLIC OF UZBEKISTAN ON SELECTION ACHIEVEMENTS *

FEDERAL DEMOCRATIC NEGARIT GAZETA OF THE DEMOCRATIC REPUBLIC OF ETHIOPIA 12th Year No. 12 ADDIS ABABA 27th February, 2006

(As published in PVP Gazette, Issue No. 85, October 1999) REGULATIONS OF THE PEOPLE S REPUBLIC OF CHINA ON THE PROTECTION OF NEW VARIETIES OF PLANTS

Protection of New Plant Varieties Act 2004 Act 634

Protection of New Plant Varieties LAWS OF MALAYSIA. Reprint. Act 634. Incorporating all amendments up to 1 January 2006

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS EXPLANATORY NOTES ON NOVELTY UNDER THE UPOV CONVENTION

Frequently Asked Questions on Enlargement. Table of contents

EXPLANATORY NOTES ON PROPAGATING MATERIAL UNDER THE UPOV CONVENTION

Principles, procedures and recent developments in respect of the Community Plant Variety Protection system.

PLANT IMPROVEMENT ACT, 1976 ( ACT NO. 53 OF 1976)

The Protection of Plant Varieties and Farmers Rights Act, 2001

(English text signed by the State President) as amended by

COUNCIL REGULATION (EC) No. 2100/94. (of 27 July 1994) ON COMMUNITY PLANT VARIETY RIGHTS

Plant Breeders Rights Act No. 15 of 1976*

The Plant Variety and Plant Seed Act

COUNCIL REGULATION (EC) NO 2100/94 of 27 July 1994 on Community plant variety rights

EUROPEAN COMMUNITY PLANT VARIETY PROTECTION

Ordinance on the Protection of Plant Varieties

Plant Variety Rights Amendment Bill

LAW OF THE RUSSIAN FEDERATION NO OF AUGUST 6, 1993 ON ACHIEVEMENTS IN SELECTION

Viet Nam Law No. 50/2005/QH11

(As published in the UPOV Gazette No. 93, June 2002)

Official Journal of the European Union L 251/3

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS COUNCIL. Forty-Sixth Ordinary Session Geneva, November 1, 2012

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

AGRICULTURAL SEEDS AND PROPAGATING MATERIAL ACT. (unofficial consolidated text No. 1) 1 I. GENERAL PROVISIONS. Article 1 (content)

SYMPOSIUM ON CONTRACTS IN RELATION TO PLANT BREEDERS RIGHTS. Geneva, October 31, 2008

Law of. Patents, Layout Designs of. Integrated Circuits, Plant Varieties, and Industrial Designs

PLANT IMPROVEMENT ACT NO. 53 OF 1976

PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER

HUNGARY Patent Act Act XXXIII of 1995 as consolidated on March 01, 2015

COUNCIL DIRECTIVE 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production

BRAZIL DECREE No. 2,366 OF NOVEMBER 5, 1997

Protection of Plant Varieties in Egypt: Law

COMMUNITY TRADE MARK ORDER 2014

Translation. Whereas it is expedient to have the law on plant varieties protection;

L 267/8 Official Journal of the European Union DIRECTIVES

FINLAND Patents Act No. 550 of December 15, 1967 as last amended by Act No. 101/2013 of January 31, 2013 Enter into force on 1 September 2013

MEXICO. Federal Law on Plant Varieties

Plant Varieties Protection Act, B.E (1999) Translation

UNIÓN INTERNACIONAL PARA LA PROTECCIÓN DE LAS OBTENCIONES VEGETALES COMITÉ ADMINISTRATIVO Y JURÍDICO

2. Name(s) and Nationality of Applicant(s) (a.) (If natural person): [Insert additional rows, if required]

COUNCIL DIRECTIVE 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants

THE PATENT LAW 1. GENERAL PROVISIONS. Article 1. This Law shall regulate the legal protection of inventions by means of patents.

SWITZERLAND Patent Law as last amended on March 20, 2009 ENTRY INTO FORCE: January 1, 2012

THE PATENT LAW 1 I INTRODUCTORY PROVISIONS. 1. Subject Matter of Regulation and Definitions. Subject Matter of Regulation.

INTERNATIONAL UNION VERBAND ZUM SCHUTZ VON PFLANZENZÜCHTUNGEN

Plant Breeders Rights Act

EUROPEAN UNION Council Regulation on the Community Trade Mark No. 207/2009 of 26 February 2009 ENTRY INTO FORCE: April 13, 2009

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS EXPLANATORY NOTES ON THE ENFORCEMENT OF BREEDERS RIGHTS UNDER THE UPOV CONVENTION

The Consolidate Utility Models Act 1)

OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 12 / 29 AVGUST 2011, PRISTINA. LAW No. 04/L-029 ON PATENTS LAW ON PATENTS

LAW ON THE PROTECTION OF INVENTIONS. No. 50-XVI of March 7, Monitorul Oficial nr /455 din * * * TABLE OF CONTENTS.

LAW ON SEED MANAGEMENT AND PLANT BREEDER S RIGHT

JUDGMENT OF THE COURT (Fifth Chamber) 11 March 2004 s '

Part Two Conditions and Provisions for Filing an Application Article 8

Federal Act on the Protection of Trade Marks and Indications of Source

Viet Nam Decree No. 104/2006/ND-CP

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Council Regulation (EC) No 40/94

Republic Act No. 9168

Narcotic Drug Regulations (2018 Measures No. 1) Instrument 2018

PART I IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION

of 25 June 1954 (Status as of 1 January 2017) para. 2) is not patentable as an invention. 7

Dieses Dokument wurde von einer Papierkopie gescannt und könnte Abweichungen vom Originaldokument aufweisen.

Implementing Regulations to the Convention on the Grant of European Patents

NIGERIA Patents and Designs Act Chapter 344, December 1, 1971 Laws of the Federation of Nigeria 1990

AQUACULTURE MANAGEMENT ACT 2003

International Association for the Protection of Intellectual Property PROCEEDINGS. of the Hungarian Group 31. Budapest

COUNCIL OF THE EUROPEAN UNION. Brussels, 7 April /09 Interinstitutional File: 2000/0177 (CNS) PI 28

SWEDEN PATENTS ACT No.837 of 1967 in the version in force from July 1, 2014

Plant Health Act 2009

OFFICIAL GAZETTE OF ROMANIA, PART I, NO.613/19 AUGUST 2014 REPUBLICATION PATENT LAW NO.64/1991 1

The Madrid Agreement Concerning. the International Registration of Marks. and the Protocol Relating to that Agreement:

Questionnaire on Exceptions and Limitations to Patent Rights. The answers to this questionnaire have been provided on behalf of:

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

The Seeds and Plant Varieties Act Chapter 326

NIGERIA Patent Rules under section 30, L.N. 96 of 1971 Commencement: 1st December, 1971

PLANT VARIETY PROTECTION ACT B.E (1999) 1

Law on the protection of inventions No. 50/2008 of the Republic of Moldova can be found at:

Date Released: _December 28, 2005_. Republic of the Philippines Department of Agriculture BUREAU OF PLANT INDUSTRY PLANT VARIETY PROTECTION OFFICE

***I DRAFT REPORT. EN United in diversity EN 2011/0093(COD)

DRAFT AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

C 337 E/278 Official Journal of the European Communities Proposal for a Council Regulation on the Community patent (2000/C 337 E/45)

CONSOLIDATED VERSION. Registered Designs Act 1949 (c.88) An Act to consolidate certain enactments relating to registered designs

LATVIA Patent Law adopted on 15 February 2007, with the changes of December 15, 2011

Questionnaire on Exceptions and Limitations to Patent Rights. The answers to this questionnaire have been provided on behalf of:

Transcription:

OTHERS COMMUNITY PLANT VARIETY RIGHTS A system of Community Plant Variety Rights was established through EC Regulation No. 2100/94 of 21 July 1994, in force as from 24 April 1995. 1/ OBJECT OF COMMUNITY PLANT VARIETY RIGHTS Varieties of all botanical genera and species, including in particular their hybrids, may be the object of Community plant variety rights. 2/ PROTECTABLE VARIETIES Community plant variety rights are granted for varieties that are: distinct, uniform, stable and new. A variety is deemed to be distinct if it is clearly distinguishable by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge on the date of application for Community plant variety rights. A variety is deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any others used for the variety description. A variety is deemed to be stable if the expression of the characteristics which are included in the examination for distinctness as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. A variety is deemed to be new if, at the date of application, the variety constituents or harvested material of the variety have not been sold or otherwise disposed of to others, by the breeder or with his consent for purposes of exploitation of the variety: a) within the territory of the Community, for more than one year as from the filing date of the application; b) outside the territory of the Community, for more than four years or, in the case of fruit trees or vines, for more than six years as from the filing date of the application.

Community plant breeder's rights confer to their holder the right to perform the acts defined in Article 13 of EC Regulation No. 2100/94, in particular the production or reproduction, conditioning for the purpose of propagation, offering for sale, selling, exporting from the Community, importing to the Community, etc., the variety for which Community protection has been granted, as well as essentially derived varieties. 3/ WHO MAY FILE AN APPLICATION? Any person(s) having the nationality of one of the member states of the Community or of one of the member states of the UPOV Convention or residing or having their head office or an establishment in one of such states may file an application for Community plant variety rights. Moreover, any national of any other State may also benefit from Community plant variety rights insofar as the Commission, after obtaining the opinion of the Administrative Council, has so decided. 4/ WHERE THE APPLICATION SHOULD BE FILED The Community Plant Variety Office is located in Angers in France. Applications for Community plant variety rights may be filed at the choice of the Applicant: a) directly at the Community Plant Variety Office; or b) at one of the sub offices or national agencies subject to the Applicant forwarding information regarding this filing to the Community Office within two weeks of filing. In that case, the file is thereafter transferred to the Community Office by the sub office or national agency who may charge the Applicant a special fee respectively. Persons who are not domiciled or do not have their head office or another establishment within the territory of the Community have to designate a procedural representative who is domiciled or has its head office or other establishment therein. 5/ OFFICIAL PROCEEDINGS a) filing The application for Community protection must comprise: a request for granting of Community plant variety rights; identification of the botanical taxon; information identifying the applicant or, where appropriate, the joint applicants;

name(s) of the breeder(s); a provisional designation for the variety; a technical description of the variety; the geographic origin of the variety; the credentials of any procedural representative; details of any previous commercialisation of the variety; details of any other application made in respect of the variety. If the Applicant is not the breeder, any documentary evidence as to how the entitlement to Community plant variety rights came into his possession should be provided. Also, a variety denomination should be proposed. b) technical examination The plant variety for which Community plant variety rights are requested is submitted to technical examination carried out by a competent Examination Office or another appropriate agency. The Examination Office sends to the Community Office an examination report and, if need be, a description of the variety. This examination report is notified to the Applicant who can comment thereon. If the examination report does not enable a decision to be made, then a complementary examination is carried out. If the results of the examination allow, the Office will grant Community plant variety rights. The Examination Office may request from any Plant Variety Office operating in a member state any existing examination reports concerning a given variety in order to evaluate the distinctness, homogeneity and stability of the said variety. Any person may lodge with the Office a written objection to granting of Community plant variety rights. Various cases of refusal of the application are foreseen, in particular if the Applicant has not proposed an appropriate variety denomination and if the conditions set forth herein above are not fulfilled by the plant variety concerned. c) denomination of the variety Where Community plant variety rights are granted, the Office approves, for the variety concerned, the variety denomination proposed by the Applicant if it is considered that the said denomination is suitable. A denomination is not suitable if, in particular, it is likely to cause confusion with respect to its characteristics, the value or identity of the

variety or the identity of the breeder. It must not be contrary to accepted standards and public order. d) appeal actions A certain number of Office decisions are open to appeal, the Appeal Court decisions being themselves open to appeal before the European Community Court of Justice. 6/ RIGHT OF PRIORITY If the Applicant for Community plant variety rights has already applied for protection of the variety in a member state or a member of the UPOV Convention, he may claim for his application for Community plant variety rights the priority of this prior application within 12 months of the filing of the prior application, provided that the prior application still exists on the date of filing the Community application. The priority of a prior application filed in another state may also be claimed if the state is as defined above (see item 3). Similarly, the filing of a first application for Community plant variety rights gives rise to the right of priority. 7/ TERRITORY Community plant variety rights have a uniform effect over the Community territory and can only be granted, transferred or cease within this territory on a uniform basis. 8/ DURATION The duration of Community plant variety rights is 25 years or, in the case of varieties of trees and vines, 30 years as from granting. A maximum extension of 5 years may be granted under certain conditions. 9/ CANCELLATION OF RIGHTS Any holder of Community plant variety rights who: 1) has not supplied to the Community Office or Examination Offices all necessary information to assess the continuing and unaltered existence of the variety; 2) has not proposed another appropriate variety denomination; or 3) has not settled the annual renewal fee within the prescribed delay to maintain

protection, may, after receipt of notice, be deprived of their rights. 10/ DEROGATION FROM COMMUNITY PLANT VARIETY RIGHTS In order to safeguard agricultural production, farmers are authorised to use, for propagation purposes in fields on their own holding, the product of the harvest obtained by cultivating, on their own holding, propagating material of a variety other than a hybrid or synthetic variety, which is covered by Community plant variety rights. The plant varieties concerned are those listed in Article 14 of EC Regulation No. 2100/94 of 24 July 1994. 11/ RULES GOVERNING THE TRANSFER OF RIGHTS Community plant variety rights may be transferred to one or more successor in title. The transfer by assignment may be made only to successors who are entitled to file an application for Community plant variety rights (see above item 3). These requirements do not form part of licence agreements, which may be exclusive or nonexclusive. 12/ LITIGATION ACTIONS The holder of Community plant variety rights may lodge an action to enjoin an infringement or to pay reasonable compensation or both, not only against those who accomplished any of the acts set out in Article 13(2) of EC Regulation 2100/94, but also against those who have used a variety denomination or designation that may be confused with that of the holder, or omitted to correctly use a variety denomination. 13/ PROHIBITION OF CUMULATIVE PROTECTION A variety that is the subject of Community plant variety rights cannot be the subject of national plant variety protection, nor of a patent. A holder who obtains granting of national protection or of a patent, before granting of Community plant variety rights for the same variety, cannot invoke the rights conferred by such protection for the variety as long as the Community plant variety rights are in force. Marie Louise GILLARD CABINET BEAU DE LOMENIE 1995