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The Community Plant Variety Rights System

Learn about the European Community Plant Variety Rights system, which grants intellectual property rights for new plant varieties that are distinct, uniform, and stable. Breeders seek protection for their varieties to receive a return on their investment. This system co-exists with national rights and ensures one valid right covering the territory of the 27 EU Member States.

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The Community Plant Variety Rights System

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  1. TALLINN 4 March 2008 The Community Plant Variety Rights System

  2. What is a plant variety right ? An intellectual property right granted in respect of new plant varieties which are : • Distinct • Uniform and • Stable

  3. WHAT IS THE SCOPE OF A PVR ? • It gives the holder the monopoly in respect of the exploitation of the variety. • Reproduction and commercialisation of the variety are only possible with the authorisation of the right holder.

  4. WHY DO BREEDERS SEEK PROTECTION FOR THEIR VARIETIES ? • Breeding is a time consuming and expensive activity. • Protection enables breeders to get a return on their investment

  5. The European Community Plant Variety Rights system • A system for the protection of plant varieties on European scale was established by a Regulation of the European Community in 1994. • The rights (Community plant variety rights) granted under this system are valid throughout the territory of the 27 Member States of the European Union.

  6. Substantive characteristics of the Community PVR system • Duration of the Community right: 25 years (30 years for vine, trees and potato varieties). • Entitlement to file an application for Community rights: Must be a national of an EU Member State or of a WTO Member State.

  7. Formal Characteristics of the Community PVR system • The Community Plant Variety Office (CPVO) administers the system. • The CPVO is an organ of the Community with independent legal status which has been operational since 27 April 1995.

  8. Formal Characteristics of the Community PVR system • One application • One procedure • One technical examination • One decision • One valid right covering the territory of the 27 Member States of the European Union.

  9. Formal Characteristics of the Community PVR system • The Community PVR system co-exists with the National PVR systems of 21 EU Member States. • The applicant’s choice: National or Community Rights • The Community protection cannot be combined with national PBR or patent protection. The “sleeping right”, in case of cumulating.

  10. Substantive characteristics of the Community PVR system The system is in line with the UPOV 91 Act. The European Community has recently become a full member of UPOV as an inter-governmental organisation. Main substantive characteristics of the Community system : • Varieties of all botanical genera and species may be protected (varieties belonging to more than 1200 genera and species are protected under the CPVO system).

  11. Substantive characteristics of the Community PVR system Definition and requirements of novelty, distinctness, uniformity and stability. • Novelty: commercialisation less than one year within the territory of the EU • DUS: development by the CPVO of • technical protocols • a network of examination offices

  12. Substantive characteristics of the Community PVR system Reinforced definition of the rights of the holder: • production or reproduction (multiplication); • conditioning for the purpose of propagation; • offering for sale; • selling or other marketing; • exporting from and importing to the Community; Applies also in respect of products obtained directly from material of the protected variety.

  13. The concept of an essentially derived variety A variety is deemed to be derived from an initial variety when: • It is predominantly derived from the initial variety; • It is distinct from the initial variety; • It conforms essentially to the initial variety in the expression of its characteristics. Exploitation of the essentially derived variety subject to the authorisation of the holder of the initial variety

  14. Substantive characteristics of the Community PVR system The breeder’s exemption: Community plant variety rights shall not extend to acts done for the purpose of breeding, or discovering and developing other varieties. The agricultural exemption: Farm saved seed - only possible for varieties belonging to a limited list of 23 agricultural crops in well-defined circumstances.

  15. The European Union • The CPVOworks in the 21 official languagesof the EU. • The applicant has the choice of the language to be used in the procedure 1995 1995 2004 2004 1973 1973 2004 1973 1957 2004 1957 1957 1957 2004 2004 1957 1995 2004 2004 2007 1986 1957 2007 1986 1981 2004 2004

  16. Publications of the CPVO • The CPVO Official Gazette is published every two months. • It contains all information appearing in the CPVO Registers: • applications for protection • proposals for variety denominations • grants of rights.

  17. CPVO Web site www.cpvo.europa.eu- Extranet • Up-to-date lists of applications received and rights granted • CPVO general information, legislation • Information related to the CPVO’s activities • All forms to be used for an application

  18. CPVO Funding • Under the terms of the basic Regulation the Community Plant Variety Office is self-financing. • It must administer the system without financial support from the general European Community budget. • The CPVO receives revenue from fees. • Due to the number of applications received and rights granted, the Office has been able to meet the requirement of financial self-sufficiency.

  19. CPVO Funding • Application fee: 900€ • Examination fee: 1020 / 2380€ per year/cycle of DUS test • Annual fee: 200€

  20. CPVO Expenditure • Expenditure covers staff and general running costs as well as operational spending such as: - Cost of technical examinations to be paid to the examination Offices - Purchase of technical examination reports - Checking variety denominations • Yearly expenditure amounts to around12 Million €

  21. CPVO Examination Offices Assessment of DUS requirements is done by Examination Offices accredited by the CPVO.

  22. CPVO Examination Offices • Examination Offices are independent from commercial breeding companies • Test method prescribed by the CPVO • Test location selected by the CPVO • Tests monitored by the CPVO

  23. Network of CPVO Examination Offices European Union

  24. ENFORCEMENT

  25. “Counterfeiting, piracy and infringements of intellectual property in general, are a constantly growing phenomenon which nowadays have an international dimension, since they are a serious threat to national economies and governments.”

  26. Responsible for enforcement • The right holders (breeders) • Legislator, should create the necessary legislative environment • The granting authority, should issue solid rights based on a comprehensive assessment of the candidate variety.

  27. COMMUNITY LEGISLATION

  28. Directive 2004/48/EC The objective of the Directive is “to approximate legislative systems so as to ensure a high, equivalent and homogeneous level of protection in the internal market”

  29. Directive 2004/48/EC The Directive concerns the basically civil law measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights.

  30. Council Regulation 1383/2003 The Regulation applies with effect from 1 July 2004. It sets out conditions for action by the customs authorities when goods are suspected of infringing an intellectual property right in certain specified situations.

  31. Proposal for a Directive on criminal measures ensuring IP enforcement The Directive is the penal law complement of Directive 2004/48 /EC. In a draft so-called Framework Decision detailed rules are laid down on penalties and judicial cooperation.

  32. Council Regulation 2100/94 • Infringing acts in relation to the variety • Infringing acts in relation to variety denominations • Injunctions • Compensation • Breach of contract • Provisional protection • Competent Court • Validity of the Community Plant variety Right • Obtaining identification of a variety • Prescription • Penalties

  33. International cooperation Number and percentage of sales of DUS examination reports since 1998 - (Situation on 28/02/2008)

  34. Some statistics 1995 – 2007

  35. APPLICATIONS RECEIVED FOR COMMUNITY PLANT VARIETY RIGHTS from 27/04/1995 to 31/12/2007 Total = 29805

  36. EVOLUTION OF ANNUAL NUMBER OF APPLICATIONS RECEIVED FOR COMMUNITY PLANT VARIETY RIGHTS from 01/01/1996 to 31/12/2007

  37. APPLICATIONS LISTED BY COUNTRY OF ORIGIN OF THE APPLICANTEUROPEAN UNION (27/04/1995 – 31/12/2007)

  38. NUMBER OF COMMUNITY PLANTVARIETY RIGHTS IN FORCE On 31st December 200714598 Rights were in force(Total Rights granted: 21226)

  39. EVOLUTION OF VARIETIES PROTECTED UNDER THE COMMUNITY SYSTEM SINCE 1996 (*) Status as of 31/12/2007 + 14.28% compared to 2006

  40. THANK YOUFOR YOUR ATTENTION

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