If you wish to understand the coexistence between trade marks and plant variety denominations at International and EU level, we invite you to consult these new resources published by CPVO's Legal Advisor, Ms Ángela H. Martínez López. Both resources can be downloaded in PDF format at the bottom of this page.
- Article: Strategical aspects for breeders in combining Trademarks and PVDs
The article has been originally published in “Prophyta (Journal for breeders and producers of plant material)”, The Annual 2021, Blue Bird Publishers, July 2021, pp. 18-23. The whole content of the 2021 Issue of PROPHYTA can be consulted online by clicking here.
- Study: The Interface between Trade Marks & Plant Variety Denominations (PVDs): Towards Clearer Coexistence at International and EU level
Abstract: This study explores the coexistence between trade marks and plant variety denominations at International and EU level. It openswith a historical introduction to international plant nomenclature, followed by a description of the International and EU legal framework for the protection of trade marks and of plant variety rights, respectively.
The analysis then examines the interplay between EU plant variety legislation and EU trade mark legislation. More precisely, it focusses on impediments to the registration of plant variety denominations on account of earlier trade marks, as well as on impediments to the registration of EU trade marks on account of earlier plant variety denominations. In this connection, attention is drawn to the incorporation into the EU trade mark regulation of a new absolute ground for refusal of EUTMs consisting of, or reproducing in their essential elements, an earlier registered plant variety denomination.
The relevant EU case law on said matter is cited and commentaries thereof provided. Likewise, illustrative examples are showcased throughout the text for the sake of a clearer conceptual understanding.
The study also delves into the international inter-institutional cooperation mechanisms currently in place for the harmonisation of the examination practices of plant variety denominations, as well as into the bilateral cooperation established between the Community (EU) Plant Variety Office (CPVO) and the European Union Intellectual Property Office (EUIPO). Light is shed on how can plant breeders make use of the advantages offered by combining EU trade mark and plant variety rights’ protection.