Categories
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 […]

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

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 […]