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Duration of Community Plant Variety Protection extended from 25 to 30 years for certain species
By Regulation (EU) 2021/1873 of the European Parliament and of the Council of 20 October 2021, the term of protection of the Community plant variety rights for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals has been extended by five years. The duration of the Community plant variety rights will, therefore, be extended from 25 to 30 years.
This Regulation entered into force on the twentieth day following that of its publication in the Official Journal of the European Union, namely on 15 November 2021. That extension applies to Community plant variety rights granted before, on or after the date of entry into force of the Regulation. The extension of the term is without prejudice to the transitional regime applicable to Community plant variety rights pursuant to Article 116 of Regulation (EC) No 2100/94 (‘the Basic Regulation’).
For plant varieties for which one or more national plant variety rights have been granted prior to the grant of a Community plant variety right, but to which Article 116(4), fourth indent, of the Basic Regulation does not apply, the extension of the term provided for in the Regulation shall be reduced by the longest period in full calendar years during which any national plant variety right or rights granted have been effective in a Member State in respect of the same variety prior to the grant of the Community plant variety rights.
The CPVO publishes the list of species contained so far in its Registers and which are concerned by the Regulation by indicating the maximum duration of protection in the S2/S3 publication. Botanical taxa are attributed to the categories A (duration of protection 30 years), B (protection extended by a maximum of five years of the standard duration of 25 years), or C (duration of protection 25 years). In addition, it is possible to download a list of species with the corresponding categories and hence see which Regulation applies to them. Any new species covered by the scope of Regulation (EU) 2021/1873 for which the CPVO has not received an application so far will be assessed on a case-by-case basis as regards the maximum length of protection once a CPVR application is received.
As regards the Community plant variety rights granted and valid for all legal purposes before 15 November 2021, the CPVO will amend the date on which the Community plant variety right ends and will inform the title holders accordingly. The Office will give priority to those Community plant variety rights whose expiry date is close. For any future Community plant variety rights regarding varieties of the species concerned, the extended protection period will be applied.