Categories
Plant variety rights

EPO – News rules relating to patentability of essentially biological processes

|Gert Würtenberger| After the European Patent Office (EPO) decided in December 2016 to stay the proceedings in certain biotechnology cases as a reaction to the notice of the European Commission related to certain articles in the Directive (98/44/EC)  on the legal  protection of biotechnical inventions the Administrative Council of the EPO decided on 29 June […]

Categories
Plant variety rights

Decision in case C-625/15 P “Gala Schnitzer”

|Gert Würtenberger| On 8 June 2017 the Court of Justice of the European Union (CJEU) published its decision in case C-625/15 P “Gala Schnitzer”(here)  on the competence of the President of the Community Plant Variety Office (CPVO). The question was whether the President has the power, following the technical examination of a candidate variety and […]

Categories
Plant variety rights

First Contours of a Damage Claim in Accordance with the Law on Community Plant Variety Rights

|Gert Würtenberger| By means of the Directive 2004/48/EC on the Enforcement of Intellectual Property Rights (hereinafter abbreviated to Enforcement Directive) the European legislator – in order to guarantee a high and homogeneous level of protection within the European Union – has provided a framework for the national legislators of the Member States relating to substantive and […]

Categories
Plant variety rights

Opinion of Advocate General Campos Sánchez-Bordona in Case C-625/15 P

|Gert Würtenberger| On 18 January 2017 the Court of Justice of the European Union (CJEU) published an opinion of Advocate General Campos Sánchez-Bordona in Case C-625/15 P Schniga GmbH v. Community Plant Variety Office (CPVO) with regard to an apple variety which had been applied for Union protection more than 17 years ago. This is […]

Categories
Plant variety rights

Amendment of a Community plant variety description

|Gert Würtenberger| Whether a candidate variety meets the DUS requirements is examined in a technical examination according to Articles 55 and 56 of Council Regulation (EC) No. 2190/94 on Community Plant Variety Rights (CPVR). If at the end of the technical examination the Office is of the opinion that the findings of the examination are […]

Categories
Plant variety rights

Cancellation of a Community plant variety right

|Gert Würtenberger| Although the grant of a Community plant variety right is based on an ex-officio examination, reasons may be given why the CPVO should not have granted protection. For this reason, Article 20 of Regulation (EC) No. 2100/94 (CPVR) provides rules for nullity of a Community plant variety right. Moreover, the right granted should […]

Categories
Plant variety rights

Commission implementing Regulation (EU) 2016/1448 of 1 September 2016

Amendment of Council Regulation (EC) No. 874/2009 establishing Implementing Rules for the application of Council Regulation (EC) 2100/94 as regards proceedings before the Community Plant Variety Office |Gert Würtenberger| On 2 September 2016 certain amendments of the Rule for Procedure before the Community Plant Variety Office entered into force. The most significant changes are briefly […]

Categories
Plant variety rights

The object of protection of plant variety rights

|Gert Würtenberger| What is to be protected by an industrial or intellectual property right largely depends on what the intention is in granting an exclusive right in a certain object. As regards inventions – in the context of this contribution this term relates to technical inventions as well as to improvements in plant breeding – […]

Categories
Plant variety rights

Decision of the Regional Court of Düsseldorf – 2a O 122/15 – Trademark infringement

|Gert Würtenberger| With its decision of 18 May 2016 in an action on trademark infringement the Regional Court of Düsseldorf (LG Düsseldorf) held that the trademark rights are not exhausted and thus infringed in a case where a trademark registered for plants has been used in further distribution for a different size of bundling of […]

Categories
Plant variety rights

Judgement Review- Decision of the CJEU- C-534/10 P – Brookfield New Zealand Ltd. and Elaris SNC vs. Community Plant Variety Office and Schniga GmbH

 |Gert Würtenberger| Legal Context New plant breeding results may be granted Community plant variety right if the variety is distinct, uniform, stable and new. Whether the first three criteria “Distinctness”, “Uniformity” and “Stability” (the so called DUS requirements) are given, is examined by the Community Plant Variety Office (CPVO) by means of a technical examination […]