Access to CPVO online services

  • How can I define or change my password?

    Please go to the authentification page, click on link "Need Help?", and select "I've lost my password". You will be requested to enter your login. If the login is found, you will shortly after receive an automated email containing a link to redefine the password. This link is only valid for 48 hours. In case the delay is past, you can do the same procedure again. In case the login was not recognised by the system, please refer to the other option "I've lost my login" to retrieve your login.

  • How can I retrieve my login?

    If you are unsure of your login, please go to the authentification page, click on link "Need Help?", and select "I've lost my login".

    You will be requested to provide your email address, and will shortly after receive an automated email with the list of login(s) related to the provided email address.

  • My login or password is not recognised, what should I do?

    You should firstly make sure that you type your login in small letters only (although the system will enforce this). You should eventually retrieve your login using the link "Need Help?" provided on the authentification page. Your password can also very quickly be redefined using the same link. Please note that passwords are case sensitive, are at minimum 6 characters long, and should contain at least a capital letter, a small letter and a digit. As a general security rule, it is recommended to have longer passwords including special characters as well (for example - _ , ; : ! * $)

  • What services are available with my login/password?

    A  general  user will have access by default to the Variety Finder (see description) and the Online Applications System to apply online for Plant Variety Protection to the CPVO.

    An applicant, holder or related procedural representative will have access to the aforementioned services plus MyPVR which is a dedicated website to consult files, documents, and exchange information related to their files with the Office.

Cancellation

  • Are there particular time limits for requesting cancellation that should be observed?

    There are no particular time limits. Once one or more of the above mentioned conditions are not fulfilled a request for cancellation can be send by a third party or the cancellation decision taken by the Office on its own motion.

  • Can I file the cancellation request on my own or do I need a procedural representative?

    A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the requestor is not domiciled nor does it have a seat or establishment in the European Union.

  • Can the decision on the cancellation be subject to an appeal?

    An appeal against a decision on a cancellation may be lodged before the Board of Appeal within two months after the publication or service of the decision.

  • In what language should the request for cancellation be sent?

    The request for cancellation shall be sent in one of the official languages of the European Union.

  • Is it possible to rely on several grounds for cancellation?

    A request for cancellation may be based on several different grounds.

  • Is there a specific form for requesting cancellation?

    There is no specific form for requesting cancellation. The interested party shall send a request to the Office. The cancellation request shall be accompanied by evidence and facts raising serious doubts as to the validity of the title. 

  • Which are the effects of the cancellation?

    A Community plant variety right is cancelled with effect in futurum (ex nunc effects).

  • Which are the fees concerning the cancellation?

    There are no fees requested.

  • Which are the grounds of cancellation of a CPVR?

    The Office shall cancel the Community plant variety right if it is established that:

    a)           The uniformity and stability conditions are no longer complied with. (If it is stablished that they were already no longer complied with from a point in time prior to cancellation, cancellation may be effective as from that juncture).

    This case takes, as its point of departure, that the variety has been uniform and stable as from the outset, but after some time no longer complies with these requirements.

    The Office may cancel the Community plant variety right if the holder, after being requested to do so, and within a time limit specified by the Office:

    b)           Has not provided all the information necessary to assess the continuing existence unaltered of the variety to the Office or to the Examination Office to which technical verification of the variety has been entrusted - obligation pursuant to Article 64.3 of the Basic Regulation.

    c)            Does not propose another suitable variety denomination in the case referred to in Article 66 of the Basic Regulation.

    d)           Fails to pay such fees as may be payable to keep the Community plant variety right in force.

    e)           No longer satisfies the conditions based on nationality and procedural representation (dealing with entitlement) either as the initial holder or as a successor in title as a result of a transfer pursuant to Article 23.

  • Who can initiate the cancellation procedure of a CPVR?

    Both a third party upon request and the Office on its own motion.

Nullity

  • Are there particular time limits for requesting nullity that should be observed?

    There are no particular time limits. Once one or more of the above mentioned conditions are not fulfilled an application for nullity can be filed by a third party or the nullity declared by the Office on its own motion.

  • Can I file the nullity request on my own or do I need a procedural representative?

    A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the nullity requestor is not domiciled nor does it have a seat or establishment in the European Union.

  • Can the decision on the nullity be subject to an appeal?

    An appeal against a nullity decision may be lodged before the Board of Appeal within two months after the publication or service of the decision.

  • In what language should the request for nullity be sent?

    The request for nullity shall be sent in one of the official languages of the European Union.

  • Is it possible to rely on several grounds for nullity?

    A request for nullity may be based on several different grounds.

  • Is there any specific form for requesting nullity?

    No, there is no specific form for requesting nullity. The interested party shall send a request to the Office. The nullity request shall be accompanied by evidence and facts raising serious doubts as to the validity of the title.  

  • Which are the effects of the nullity?

    Where the Community plant variety right is declared null and void, it shall be deemed not to have had as from the outset, the effects specified in the Regulation 2100/94 (ex tunc effects).

  • Which are the fees concerning the nullity?

    There are no fees requested.

  • Which are the grounds of nullity of a CPVR?

    The Office shall declare the Community plant variety right null and void if it is established that:

    a) The conditions of uniformity and stability were not complied with at the time of the grant of the right, when the grant of the CPVR   has been essentially based upon information and documents furnished by the applicant; or

    b) The conditions of distinctness or novelty were not complied with at the time of the CPVR; or

    c) The right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled.

  • Who can initiate the nullity procedure for a CPVR?

    Both a third party upon request and the Office on its own motion.

Appeals before the Board of Appeal

  • Can I file an appeal on my own or do I need a procedural representative?

    A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the appellant is not domiciled nor it does not have a seat or establishment in the European Union.

  • Can the appeal decision be subject to further actions?

    Any party to proceedings who has been unsuccessful (whole or in part) in an appeal procedure may lodge an action against a decision of the Board of Appeal before the General Court of the European Union. The Court of Justice shall have jurisdiction to annul or to alter the decision of the Board of Appeal.

  • Can the decision of the General Court be subject to a further appeal?

    The decisions from the General Court may be appealed before the Court of Justice of the EU.

  • On which grounds can the appeal before the General Court be lodged?

    The action before the General Court may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaty, of Regulation (EC) No. 2100/94 or any other rule of law relating to their application, or misuse of power.

  • What is the time limit to file an appeal?

    The time limit to file the appeal is two months after the publication or service of the contested decision.

  • What is the time limit to file such further appeal?

    The time limit to bring the action before the General Court is two months after the date of service of the contested decision.

  • Which are the effects of filing an appeal?

    The appeal shall have suspensory effect where it is directed against decisions on nullity, cancellation, objection, refusal or grant of an application, approval or amendment of a variety denomination, fees, costs, the entering or deletion of information in the Register or public inspection.

    As far as regards an appeal against compulsory licensing and change in holdership of a CPVR it shall have no suspensory effect.

  • Which are the fees concerning the lodgment of an appeal?

    There is a single appeal fee of EUR 1500. However the appeal fee shall not be paid in one installment. One third of the appeal fee is due on the date of receipt of the appeal by the Office. The remaining two thirds are due, upon request of the Office, within 1 month after remittal of the case to the Board of Appeal.

  • Which decisions can be subject to an appeal?

    An appeal shall lie from decisions of the Office which have been taken pursuant to Articles 20 (Nullity), 21 (Cancellation), 59 (Objections), 61 (Refusal of an application), 62 (Grant of an application), 63 (Approval of a variety denominations) and 66 (Amendment of a variety denomination), as well as on decisions related to fees pursuant to Article 83, to costs pursuant to Article 85, to  the entering or deletion of information in the Register pursuant to Article 87 and to the public inspection pursuant to Article 88 of the Regulation No. 2100/94.

    An appeal may lie from decisions of the Office pursuant to Articles 29 (Compulsory licensing) and 100 (Change in holdership of CPVR) unless a direct action is brought before the Court of Justice of the EU.

  • Who can file an appeal against a decision of the CPVO?

    Any natural and legal person may appeal against a decision of the Office addressed to that person or against a decision which, although addressed to another person, is of direct and individual concern to the former. The parties to proceedings my be party to the appeal proceedings. The Office is a party to the appeal proceedings.

Objections

  • Can I file the objection on my own or do I need a procedural representative?

    A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the objector is not domiciled nor does it have a seat or establishment in the European Union.

  • Can the decision on the objection be subject to an appeal?

    An appeal against a decision on an objection may be lodged before the Board of Appeal within two months after the publication or service of the decision.

  • In which language shall the objection be filed?

    The objection shall be sent in one of the official languages of the European Union.

  • Is there any specific forms to file the objection?

    There are no specific forms to file an objection. The objector shall send the request to the Office in writing.

  • On which basis can an objection be filed?

    Objections may be based only on the contention that:

    - the conditions of DUS, novelty or entitlement are not complied with (Art. 7 to 11) and/or

    - there is an impediment to a proposed variety denomination (Art. 63(3) or (4)

  • When does the objection need to be filed?

    At any time after the application (publication of the application) and before the granting date. For denominations only, the objection must be lodged within 3 months of the publication of the proposed denominations.

  • Which are the effects of filing an objection?

    The main effect is that objectors shall be party to the proceedings for grant of CPVR in addition to the applicant, and thus have access to the documents including the results of the technical examination and the variety description.

  • Which are the fees concerning the objection?

    There are no specific fees concerning the filing of an objection.

  • Who can file an objection to a CPVR?

    Any person may lodge with the Office a written objection to the grant of a CPVR.