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Notes on the completion of the application form
For paper applications, please follow the below guidelines:
Please print the relevant forms from our website. It is important to fill in all fields of the forms, if a question is not applicable to your variety, please state so. Mandatory fields or sections are marked with an asterisk (*).
Please indicate the botanical taxon and the provisional designation of the candidate variety.
The following notes refer to the numbering of the points in the application form:
POINT 1 - APPLICANT(S)
The natural person duly authorised to represent a legal person should be the person legally entitled to act on behalf of the legal person and whose signature is binding on the legal person.
POINT 2 - PROCEDURAL REPRESENTATIVE
Where a procedural representative is mandatory (applicants not having a domicile, seat or establishment within the territory of the European Union), the procedural representative may not be an employee of the applicant.
If a procedural representative is not mandatory in your case, you may nevertheless appoint one. The person appointed may not be an employee.
You may make use of the Office’s form “Designation of a procedural representative”. Please note that this form needs to be signed by the duly authorized person.
POINT 4 - DESIGNATION OF THE VARIETY
The proposal for a variety denomination need not be submitted at the time of application; however, if it is not made at that time, it is recommended that it be submitted as soon as possible thereafter. In case it is made at a later stage, it should be proposed using the form “Proposal for a variety denomination”. A proposal for a variety denomination must be filed at the Office before receipt by the Office of the final results of the technical examination. However, a provisional designation (breeder’s reference) must be made at the time of application.
POINT 5 - BREEDER(S)
If the person of the breeder is not the same as the person of the applicant:
Either the breeder IS an employee and the entitlement to the Community plant variety right must be determined in accordance with the national law applicable to the employment relationship, details of the national law must be given.
Either the breeder IS NOT an employee, the relevant documentary evidence referred to should be attached, either in the form of the original or a copy certified by the issuing authority.
POINT 6 - DETAILS OF ALL OTHER APPLICATIONS
All prior applications made for the same variety with other authorities even with the CPVO (in case of re-filing) are concerned.
Please fill in all columns (if applicable). The information provided under this point might enable applicants to save some costs (take-over instead of technical examination).
“State” should be entered using the following ISO codes:
EU member states:
AT = Austria, BE = Belgium, BG = Bulgaria, HR = Croatia, CY = Cyprus, CZ = Czech Republic, DK = Denmark, EE = Estonia, FI = Finland, FR = France, DE = Germany, EL = Greece, HU = Hungary, IE= Ireland, IT = Italy, LV = Latvia, LT = Lithuania, LU = Luxembourg, MT = Malta, NL = Netherlands, PL = Poland, PT = Portugal, RO = Romania, SK = Slovakia, SI = Slovenia, ES = Spain, SE = Sweden, UK = United Kingdom.
On 29th July 2005, the European Union became a UPOV member.
UPOV member states/organisations non EU members:
OAPI = African Intellectual Property Organization, AL = Albania, AR = Argentina, AU = Australia, AZ = Azerbaijan, BY = Belarus, BO = Bolivia, BR = Brazil, CA = Canada, CL = Chile, CN = China, CO = Colombia, CR = Costa Rica, DO = Dominican Republic, EC = Ecuador, IS = Iceland, GE = Georgia, IL = Israel, JP = Japan, JO = Jordan, KE = Kenya, KG = Kyrgyzstan, KR = Republic of Korea, MK = The Former Yugoslav Republic of Macedonia, MX = Mexico, MD = Republic of Moldova, MA = Morocco, ME = Montenegro, NZ = New Zealand, NI = Nicaragua, NO = Norway, OM = Oman, PA = Panama, PY = Paraguay, PE = Peru, RU = Russian Federation, RS = Serbia, SG = Singapore, ZA = South Africa, CH = Switzerland, TT = Trinidad and Tobago, TN = Tunisia, TR = Turkey, TZ = United Republic of Tanzania, UA = Ukraine, US = United States of America, UY = Uruguay, UZ = Uzbekistan, VN = Vietnam.
“Date” should be written in DAY/MONTH/YEAR format e.g. 02.03.14 = second of March 2014. Please indicate the date of the application, not the date of the granting or listing or patenting of the variety.
“Authority”: you may indicate the authority by using the relevant abbreviation, e.g.:
INOV = Instance Nationale des Obtentions Végétales / FR
BSA = Bundessortenamt / DE
PVRO = Plant Variety Rights Office / UK
NAKT = Naktuinbouw / NL etc.
For the “Stage” column, please use the following abbreviation:
A – application pending
B – application rejected
C – application withdrawn
D – plant breeders’ rights or patents granted ; or variety entered in official variety list.
POINT 7 - PRIORITY
A claim for priority must be based on the earliest previous application for the same variety for a property right, filed by you or your predecessor in title, in a Member State of the EU or in a signatory Member of the UPOV Convention. In order to qualify for a right of priority, this earliest previous application must have been filed within the 12 months prior to this application and must still exist.
Copies of the previous application, certified by the responsible authority, must be received by the Office within 3 months of the date of application.
POINT 8 - HAS THE VARIETY BEEN EXPLOITED OR OTHERWISE EXPLOITED?
Please tick the box ‘yes’ or ‘no’ of all three questions 08.01, 08.02 and 08.03. If the question 08.03 is not applicable, please state so. In the case of a ‘yes’, please specify the exact date and country. The indication of a year only, e. g. “2015”, is not sufficient.
A CPVR can only be granted if the variety is novel. The variety will not be novel if it has been sold, or otherwise disposed of, or with the breeder’s consent:
- within the European Union earlier than one year before the date of application;
- outside the European Union earlier than four (4) years or, in the case of trees and vines six (6) years, prior to the date of application.
The applicant is expected to have taken reasonable precautions to ensure that sales or comparable disposals have not taken place earlier than allowed.
The following types of disposal of material of the variety will not damage novelty:
- Disposals to an official body for statutory purposes, or to others on the basis of a legal relationship, solely for production, reproduction, multiplication, conditioning or storage, provided that the breeder preserves the exclusive right of disposal and that no further disposal is made to others.
- Disposals of material which has been produced from plants grown for experimental purposes or for the purpose of breeding, or discovering and developing, other varieties and which is not used for further reproduction or multiplication, unless reference is made to the variety for purposes of that disposal.
- Disposals due to, or in consequence of, the fact that the breeder has displayed the variety at an official or officially recognised exhibition.
POINT 9 – TECHNICAL EXAMINATION
If a technical examination either in relation to national listing or an application for a national property right in a Member State has already been carried out or is in the process of being carried out, such examination reports may be considered by the Office.