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  • 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
  • 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
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