|Gert Würtenberger| On 18 January 2017 the Court of Justice of the European Union (CJEU) published an opinion of Advocate General Campos Sánchez-Bordona in Case C-625/15 P Schniga GmbH v. Community Plant Variety Office (CPVO) with regard to an apple variety which had been applied for Union protection more than 17 years ago.
Continue readingMonthly Archives: January 2017
Amendment of a Community plant variety description
|Gert Würtenberger| Whether a candidate variety meets the DUS requirements is examined in a technical examination according to Articles 55 and 56 of Council Regulation (EC) No. 2190/94 on Community Plant Variety Rights (CPVR). If at the end of the technical examination the Office is of the opinion that the findings of the examination are […]
Continue readingCancellation of a Community plant variety right
|Gert Würtenberger| Although the grant of a Community plant variety right is based on an ex-officio examination, reasons may be given why the CPVO should not have granted protection. For this reason, Article 20 of Regulation (EC) No. 2100/94 (CPVR) provides rules for nullity of a Community plant variety right. Moreover, the right granted should […]
Continue reading