Regarding the CPVR system, once the CPVO and the appointed Examination Office respectively are of the opinion that the results of the Technical Examination are sufficient to evaluate whether the candidate variety fulfills the DUS conditions, the results of the Technical Examination will be communicated to the applicant and possible third parties which have filed objections against the variety applied for. The Examination Office will, based on the evaluation of the Technical Examination, draft a description of the variety which will be communicated to the applicant who will have an opportunity to comment the same (of Regulation No 2100/94 Article 57 Para. 1, 2 here).
The CPVO has a possibility to cause the Examination Office to continue the Technical Examination if it deems the results of the same so far as not sufficient to render a decision on the request for grant of a variety right. Moreover, the CPVO may ask the Examination Office for complementary examination if the applicant raises objections against the result communicated and requests the continuation of the examination (of Regulation No 2100/94 Article 57 Para. 3 here).
The Office will either grant the applied for right or, if the Technical Examination has led the Office to the conclusion that the candidate variety does not fulfill the DUS requirements, will reject the application by a formal decision. The same may be appealed by the applicant with the Board of Appeal. If third parties have filed objections, they also have the right to file an appeal against the grant of protection.
→ Chapter III – coming soon
Published on June 28, 2021