Which decisions can be subject to an appeal? | CPVO

FAQ Category :

Appeals before the Board of Appeal

FAQ last updated date :

30 May 2017

Question :

Which decisions can be subject to an appeal?

Answer :

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.