Question :

Who can file an application for CPVR?

Answer :

An application for Community Plant Variety Rights may be filed by any natural or legal person or anybody ranking as a legal person under the law applicable to that body. An application may be filed jointly by two or more such persons.

Applicants who are not domicilied or do not have a seat or an establishment within the territory of the European Union must appoint a representative domiciled or seated or established within the territory of the European Union. Applicants with domicile, seat or establishement in the European Union do not have the obligation to appoint a procedural representative. An employee shall not be designated as a procedural representative. When a procedural representative is appointed, all notifications from the Office shall be addressed to him. The procedural representative form is available on the website.

The legal representative

Where the applicant is a legal person (e.g. a company) rather than a natural person (an individual), the Office must be informed of the name and address of the natural person who is empowered under the applicable national legislation to represent the legal person.

The original breeder and the entitlement to apply

If the breeder is not the applicant, a deed of assignment must be provided, or a declaration from the employer, if applicable.

The breeder (assignor) must have assigned their rights to the entitlement to apply for CPVRs and to hold CPVRs in the name of the applicant (assignee). No application date will be attributed without supporting evidence as to how the entitlement was transferred from the breeder to the applicant.