Question :
What are the effects of a Community Plant Variety Right?
Answer :
The holder of a CPVR has the right to carry out certain acts in relation to the protected variety. Others wishing to effect those acts must firstly obtain the authorisation of the holder. The holder may make his authorization subject to conditions and limitations. The acts in question are:
- (a) production or reproduction (multiplication),
- (b) conditioning for the purpose of propagation,
- (c) offering for sale,
- (d) selling or other marketing,
- (e) exporting from the Community,
- (f) importing to the Community,
- (g) stocking for any of the purposes mentioned under points (a) to (f).
The scope of the CPVR extends to harvested material of the variety (for example fruit and cut flowers which are imported into the Community) where these are obtained through the unauthorized use of variety constituents of the protected variety and where the breeder has not had a reasonable opportunity to exercise his right in relation to the said variety constituents.