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Plant variety rights

Brexit: What will happen with Community Variety Rights

|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 […]

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Plant variety rights

Invalidation and Nullity Proceedings – What is the Duty of the CPVO

|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 […]

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Plant variety rights

Compulsory License and Plant Variety Rights

|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 […]

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Plant variety rights

Judgment of the General Court of 13 July 2017 – Case T-767/14

|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 […]

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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 […]

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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 […]

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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 […]

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Intellectual Property

Calculation of damages

|Gert Würtenberger| On 25 January 2017 the European Court of Justice (Case C‑367/15, see here) rendered a decision concerning the calculation of damages in a copyright infringement case which, however, also has to be regarded as a leading case with regard to any damage claim for infringement of intellectual property rights, including plant variety rights. A Polish […]

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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 […]

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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 […]