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.