According to Article 20 (1) of the 1991 Act of the UPOV (here) the variety requires a denomination which is the generic name of the same.
Regarding the CPVR system and according to the CPVO’s “Notes on the completion of the application form” (see here), the proposal for a variety denomination does not need to be submitted at the time of application; however, a provisional designation (breeder’s reference) must be submitted at the time of the application. A proposal for the final variety denomination must be filed before receipt by the Office of the final results of the technical examination.
As the candidate variety which meets the DUS requirements must not be granted protection if the breeder/applicant has failed to suggest an appropriate denomination, the absence of a proposal of a variety denomination suitable to be accepted by the CPVO is one of the grounds for refusal of an application for a Community Plant Variety Right.
Article 63 (3) of Regulation No 2100/94 (here) lists the impediments for the assessment of a variety denomination. In that context, guidelines “establishing uniform and definitive criteria for determining impediments to the generic designation of a variety denomination” (see here) have been adopted by the Administrative Council to give guidance which impediments mentioned in Article 63 (3) may prevent the Office to accept the proposed variety denomination.
If the application does not comply with the content requirements as specified by Article 50 of Regulation 2100/94, the Office will inform the applicant and allow him to correct any deficiencies identified within a time limit set. If the applicant does not follow this request, the application will be rejected for formal reasons. The same applies if the relevant application fees have not been paid within the time limit specified by the Office (see here II. 2) missing information).
Published on June 28, 2021