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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
Die Rolle des Gemeinschaftlichen Sortenamtes , zwischen “good governance” und “ better regulation”

01 May 2009
Directive on Enforcement and Customs Regulation

01 May 2006
Essentially Derived Varieties

01 March 2006
Developments as regards the Community PVR system

01 February 2006
Sortenschutz in der Erweiterten Europäischen Union

01 February 2006
Plant variety protection in the European Community

[Published by Elsevier in World Patent Information 27 (2005)

01 December 2005
Evolution of the legal environment of plant breeders' rights

28 May 2004
Principles, procedures and recent developments in respect of Community Plant Variety protection system

13 February 2004