Brexit

|Gert Würtenberger| At this stage it is unclear whether the United Kingdom will leave the EU without having achieved an agreement with the European Union. Thus, it is important to know how plant variety rights granted on the Union level or applications pending with the CPVO will be dealt with once the United Kingdom no […]

Continue reading

Public Interest and Compulsory Licences

|Gert Würtenberger| In its decision dated 28 March 2018 the CPVO decided about an application for grant of a compulsory licence pursuant to Article 29 of Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community Plant Variety Rights in respect of a blackcurrant variety. The Applicant had failed to achieve a favourable outcome […]

Continue reading

Brexit: What will happen with Community Variety Rights

|Gert Würtenberger| With regard to the pending withdrawal of the United Kingdom from the European Union there is only one certainty up to this point: on 29 March 2019 United Kingdom of Great Britain and Northern Ireland will leave the European Union (Brexit). On that day Community plant varieties rights will cease to have effect […]

Continue reading

Compulsory License and Plant Variety Rights

|Gert Würtenberger| The President of the Community Plant Variety Office (CPV), Mr. Martin Ekvad, reported in a recent conference on the Intellectual Property Protection for Plant Innovation in Amsterdam on 30 November and 1 December 2017 that the CPVO has received a first request for a compulsory license. According to that provision, a compulsory license […]

Continue reading

EPO – News rules relating to patentability of essentially biological processes

|Gert Würtenberger| After the European Patent Office (EPO) decided in December 2016 to stay the proceedings in certain biotechnology cases as a reaction to the notice of the European Commission related to certain articles in the Directive (98/44/EC)  on the legal  protection of biotechnical inventions the Administrative Council of the EPO decided on 29 June […]

Continue reading

Decision in case C-625/15 P “Gala Schnitzer”

|Gert Würtenberger| On 8 June 2017 the Court of Justice of the European Union (CJEU) published its decision in case C-625/15 P “Gala Schnitzer”(here)  on the competence of the President of the Community Plant Variety Office (CPVO). The question was whether the President has the power, following the technical examination of a candidate variety and […]

Continue reading

First Contours of a Damage Claim in Accordance with the Law on Community Plant Variety Rights

|Gert Würtenberger| By means of the Directive 2004/48/EC on the Enforcement of Intellectual Property Rights (hereinafter abbreviated to Enforcement Directive) the European legislator – in order to guarantee a high and homogeneous level of protection within the European Union – has provided a framework for the national legislators of the Member States relating to substantive and […]

Continue reading