Question :

What is a “take-over” of a DUS report?

Answer :

EU examination offices:

If a technical examination has already been carried out, or is in the process of being carried out on a variety already benefiting from national plant variety rights or entered for national listing in a Member State of the European Union, the Office may consider the examination reports of the responsible authorities to be a sufficient basis for a decision to grant a CPVR. However, this only applies to reports from examination offices of the European Union which were entrusted for technical examinations by the Administrative Council of the Office.

Non-EU examination offices:

The CPVO may under certain circumstances make use of DUS reports established by a non EU EO. This requires the consent of the Administrative Council of the Office to a written agreement defining the conditions between the CPVO and the competent authority.