Thursday, 7 February 2008

EU alters rules on plant rights

The rules concerning plant variety rights across Europe will soon be changed, with the aim of making the process identical for all breeders worldwide.

The European Community plant protection rights system has been amended, via article 12 of Regulation 2100/94, and took effect from 31st Januray 2008.

Breeders from the 27 EU member states looking to protect exclusive property rights for new varieties of plants will now all use the same application process.

Those from countries outside the EU, which are not members of the International Union for the Protection of New Varieties of Plants, will also be able to apply for a Community Plant Variety right on the same terms.

Previously, these non-EU applicants could only be granted a title if the European Commision gave a favourable opinion. Such applicants still need to have a procedural representative in the EU.

Applications to the France-based Community Plant Variety Office (CPVO) in 2007 were 3,000, an increase of nine percent on 2006 and of 97.8% on 1996, the first complete year of activity after the establishment of the CPVO.

The reference to the amendment is Council regulation (EC) No 15/2008 of 20 december 2008, OJ No L8, 11.1.2008, p2

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