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Celebrating 25 Years of CPVO (Part I)

In this media interview given to European Seed Magazine, Martin Ekvad, President of the CPVO, speaks about the 25th anniversary of the Community Plant Variety Office.
How the developments of the CPVO have been for the past 25 years? What are CPVO's international relations and outreach activities? What are the main achievements of the CPVO? What are the remaining challenges? How does BREXIT impacts the work of the CPVO? Views on molecular tools for plant variety testing?
Source: European Seed.

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20 April 2020
Aspects on Essentially Derived Varieties in the EU

The European Union plant variety protection system (EU PVP) is based on the UPOV 1991 Convention. The concept of essentially derived varieties (EDV) is found in Art 13 of Council Regulation 2100/94 (the EU PVP Regulation). The text of Article 13 is similar but not identical to Art 14 of the UPOV 1991 Act.

I will come back to this.

The CPVO is the EU Agency tasked by the legislator to implement the EU PVP system. The agency processes applications and takes decisions to grant titles valid throughout the 28 EU Member States. However, the CPVO is not mandated to take

25 September 2019
Getting DUS and Performance Testing in Shape for Next Phase

Getting DUS and Performance Testing in Shape for Next Phase
Agriculture is increasingly being urged to reduce its dependency on external inputs, lower its environmental footprint and cope with more variable climatic conditions. So, it should come as no surprise that plant breeders have taken up the baton and have started to breed for those characteristics that contribute to crop resilience to biotic and abiotic stresses, in fact that already started a long time ago. The next challenge is to find criteria and methods to test and make value of the performances of those new plant

18 February 2019
The functioning of the Community Plant Variety Office Board of Appeal

The Functioning of the Community Plant Variety Office Board of Appeal1

This Paper has been published in November 2018 in the book "Intellectual Property and the Judiciary", edited by:

Christophe Geiger, Craig A. Nard and Xavier Seuba (eds.)

"Intellectual Property and the Judiciary", EIPIN series Vol. 4, Cheltenham (UK)/Northampton, MA (USA), Edward Elgar Publishing

1. Introduction
The purpose of this paper is to explain the

08 February 2018
How the CPVO solved the controversy over mandatory disease resistance testing

Breeders typically spend a lot of their time and efforts in developing new plant varieties that have more disease sistance genes to protect them from harmful pathogens. These traits are very important for farmers and growers and contribute in many cases to environmental aims. When these new plant varieties are ready to be commercialized, it is of course important that such disease resistances are officially assessed to guarantee the resistance claim to the farmers and growers who are buying the seeds. Recently, there has been some controversy over the

20 November 2017
The IMODDUS Working Group of CPVO

The name of the ad hoc working group IMODDUS at the Community Plant Variety Office (CPVO) stands for Integration of molecular data into DUS testing. The creation of IMODDUS was agreed by the CPVO Administrative Council (AC) in the framework of the adoption of the R&D Strategy for the period 2015-2020. To carry out its mission successfully is a priority for Martin Ekvad, the President of the CPVO. European Seed sat down with Anne Weitz, Technical Expert Plant Breeders Rights of the CPVO.

European Seed (ES): Recently there have been regular discussions about the use of

22 September 2017
The Object Of Plant Variety Protection And The Scope Deriving Therefrom

Neither the International Convention on the Protection of New Varieties of Plants (UPOV-Convention) nor Council Regulation (EC) No. 21 00/94 on Community plant variety rights (CPVR) provide a provision determining the scope of protection of a plant variety. Solely Article 13 para 5 CPVR defines which of the acts described in para 2 of Article 13 are reserved for the right's holder in relation to varieties other than the protected one.

The determination of the scope of protection of a plant variety right lies in the area of conflict

01 March 2017
Plant Patents: From Exclusivity to Inclusivity

Introduction

Patents on plants have always been a ‘hot potato’. Similarly, the relationship between patents on plants and plant breeder’s rights has been subject of an intense societal and academic debate. Most recently, the grant of patents for plants resulting from essentially biological processes, notably tomatoes with reduced fruit water content and broccoli with anti-cancer potential, spurred stormy disputes. Decisions on the scope of plant biotech patents equally fueled a legal battle.

In the ongoing

01 March 2017
Should hybrids be considered as plant varieties?

Introduction.

By virtue of article 1 of Council Regulation (EC) 2100/94 ( “the Basic Regulation”) a system of Community plant variety rights has been established “ as the sole and exclusive form of Community industrial property rights for plant varieties”. This provision finds it pendant in article 4 (1(a) of the so-called Biotech Directive1:

01 March 2017
Burden of proof in Nullity and Cancellation Proceedings before the CPVO

This article has been published in the "berichten industriële eigendom", special issue 2017.

Written in honor of Paul van der

01 March 2017
Do hybrids fall within the scope of the definition of a plant variety ?

01 July 2011
The Community Plant Variety Protection System

01 July 2009