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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 […]

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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 […]

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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 – […]

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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 […]

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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 […]

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Plant variety rights

Summary of the decision re Lemon Symphony

|Gert Würtenberger| Facts The Plaintiff, being the owner of a Community plant variety right for the “Lemon Symphony” variety of the Osteospermum ecklonis species, accused the Defendant of infringing upon its rights in “Lemon Symphony” by distributing cap marguerite seedlings under the variety denomination “Sumost 01” (brand name “Summer daisy’s Alexander”). In 2001 grant of […]