Genuine Use of a Registered Trademark – Decision of the Second Board of Appeal of 23 October 2019 in Case R 767/2019-2

|Gert Würtenberger| A Union trademark that has been registered for more than five years is subject to the user requirement in order to safeguard its enforceability in opposition and/or infringement proceedings (as regards proof of use in opposition proceedings, see Article 47(2) EUTMR). Whether genuine use has occurred is, according to established case law, to […]

Continue reading

New EU plant health rules

|Gert Würtenberger| The need for measures to secure plant health has long been recognized. They have formed the subject of international agreements and international conventions including International Plant Protection Convention (IPPC) of 6 December 1951, concluded at the United Nations Food and Agricultural Organization (FAO) and its new, revised text approved by the FAO Conference […]

Continue reading

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