List of Abbreviations

xi

Contributors

xiii

Table of Cases

xv

Table of International Treaties and Agreements

xix

Table of European Treaties and Legislation

xxi

Table of National Legislation

xxxi

1.

Introduction

A.

History of a Community-wide Plant Variety Protection System---From National Rights to the EC Regulation on Plant Variety Protection

1

B.

Structure of the Community Plant Variety Protection System

7

C.

Relation of Plant Variety Protection to Seed Law and Seed Distribution Systems

15

D.

Relation between Plant Variety Rights and Patents

17

E.

Relation to International Treaties

24

2.

Community Plant Variety Office

A.

General

1

B.

European Union Agency

2

C.

Decisions

3

D.

Administrative Council

4

E.

President

9

F.

Board of Appeal

11

G.

Finances

15

3.

Substantive Law

A.

Persons Entitled

1

B.

Material Conditions for the Grant of Community Plant Variety Rights

11

4.

Proceedings before the Office and Procedural Rules

I.

Procedures

2

A.

Introduction

2

B.

Formal Examination

3

C.

Substantive Examination

40

D.

Technical Examination

48

E.

Variety Denominations

59

F.

Objection Procedure

68

G.

Decisions

78

H.

Register and Public Inspection

80

II.

Procedural Rules

87

A.

Parties to Proceedings

87

B.

Languages

89

C.

Statement of Grounds

91

D.

Examination of Facts by the Office on its Own Motion

92

E.

Oral Proceedings

94

F.

Taking of Evidence

95

G.

Service and Time Limits

99

H.

Restitutio in Integrum

102

I.

General Principles

105

J.

Procedural Representative

108

K.

Fees

109

L.

Apportionment of Costs and Enforcement of Decisions Which Determine the Amount of Costs

110

M.

Administrative and Legal Cooperation

112

5.

Remedies against Decisions of the Office and Further Proceedings

A.

Introduction

1

B.

Appeals to the Board of Appeal

2

C.

Actions before the Court of Justice of the European Union---Plant Variety Right Proceedings

39

D.

Actions before the Court of Justice of the European Union---Miscellaneous

48

E.

Control by the Commission of the Legality of Acts of the President and the Administrative Council of the Office

53

6.

Rights Granted

A.

Scope of Rights

1

B.

Limitation of Rights

43

C.

Duration and Termination of Rights

158

7.

Enforcement of Community Plant Variety Rights

B.

Plant Variety Rights Infringement

4

C.

Consequences of Infringement

16

D.

Retroactive Claim for Remuneration Pursuant to Article 95 of the Basic Regulation

44

E.

Claiming Entitlement to Community Plant Variety Rights

47

F.

Obtaining Identification of a Variety

50

G.

Further Claims According to National Laws

52

H.

Enforcement Procedure

53

I.

Border Measures

170

J.

Directive on the Enforcement of Intellectual Property Rights

187

Appendix 1

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, consolidated version from 31 January 2008

241

Appendix 2

Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

277

Appendix 3

Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office, consolidated version from 01 January 2015

307

Index

317