[Gert Würtenberger] The increasing demand for agricultural products with progressive scarcity of the natural resources water and agricultural land, preservation of biodiversity, is one of the challenges for the breeding industry. Food security, sustainability and environmental protection underline the high economic and social value of the breeding industry. This contribution to the commemorative publication (Festschrift) […]
Category: Plant variety rights
[Gert Würtenberger] Upon request for preliminary ruling from the Tribunal Supremo, Spain, the European Court of Justice was asked to interpret Article 13 of Council Regulation (EC) No. 2100/94 of 27 July 1994 (BR). The core of that decision was the question of the scope of breeder’s rights between the publication of an application for […]
[ Karin Grau-Kuntz ] Background to the dispute On 29 August 1995, the predecessor in title of the Western Australian Agriculture Authority (WAAA), the Department of Agriculture and Food Western Australia (‘the Department’) filed an application for a Community plant variety right at the Community Plant Variety Office (CPVO) for an apple variety belonging to […]
Categories
Brexit
|Gert Würtenberger| At this stage it is unclear whether the United Kingdom will leave the EU without having achieved an agreement with the European Union. Thus, it is important to know how plant variety rights granted on the Union level or applications pending with the CPVO will be dealt with once the United Kingdom no […]
|Gert Würtenberger| A party had requested the cancellation of a CPVR for an apple variety on the grounds that the variety had no longer been uniform or stable for a certain period of time. As proof for the allegation, the Applicant inter alia submitted 6 photographs of the attacked variety. These photographs had been taken […]
|Gert Würtenberger| In its decision dated 28 March 2018 the CPVO decided about an application for grant of a compulsory licence pursuant to Article 29 of Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community Plant Variety Rights in respect of a blackcurrant variety. The Applicant had failed to achieve a favourable outcome […]
|Gert Würtenberger| With regard to the pending withdrawal of the United Kingdom from the European Union there is only one certainty up to this point: on 29 March 2019 United Kingdom of Great Britain and Northern Ireland will leave the European Union (Brexit). On that day Community plant varieties rights will cease to have effect […]
|Gert Würtenberger| As the conditions laid down in Articles 7 (distinctness), 8 (uniformity), 9 (stability) and 10 (novelty) are prerequisites for the grant of a Community plant variety right, the same is unlawful if it turns out that one of these conditions is not or no longer given. In this case, it is in the […]
|Gert Würtenberger| The President of the Community Plant Variety Office (CPV), Mr. Martin Ekvad, reported in a recent conference on the Intellectual Property Protection for Plant Innovation in Amsterdam on 30 November and 1 December 2017 that the CPVO has received a first request for a compulsory license. According to that provision, a compulsory license […]
|Gert Würtenberger| One of the prerequisites for obtaining a Union plant variety right for a breeding result is that the variety is new. A variety will be deemed to be new if, at the date of application, variety constituents or harvested material of the variety have not been sold or otherwise disposed of to others […]
