II. 1) a) Application

Theobroma cacao – © PBRights

Protection of a breeding result aims at inducing the breeder to dedicate his or her skills, knowledge and financial resources to creating something new and, thus to enrich the plant kingdom by either growing plants, which guarantee an improved nourishment of the world population, or by improving cultural varieties contributing to the enjoyment of people. Plant variety protection excludes others that have not contributed to the new variety for a limited period of time from comercial use of the creation of the breeder. As plant variety protection grants an exclusive exploitation right, there has to be a justification for the exclusion of others. Such a justification is only given if certain criteria are fulfilled. Whether such criteria are given, has to be examined in an unbiased procedure by an independent instance. These, in general, are public institutions which guarantee that the protection requirements are carefully examined and not influenced by private interests.

In the European Union grant of an exclusive right with regard to new plant varieties is the task of the Community Plant Variety Office (CPVO) in Angers. In order to prompt the CPVO to consider the protectability of a new breeding result, an application is required by way of which the granting procedure is initiated (here). It encompasses an application form (see here the CPVO Application Form), a technical questionnaire (see here) and a proposal for a variety denomination (see here).

Article 50 of Regulation No. 2100/94 (here) requires that an application to be filed with the Community Plant Variety Office (CPVO) provides the following minimum information:

. a request for the grant of a Community plant variety right;

. identification of the botanical taxon;

. identifying the applicant, or where appropriate, the joint applicants;

. the name of the breeder and an assurance that, to the best of the applicant’s knowledge, no further persons have been involved in the breeding, or discovery, or development, of the variety; if the applicant is not the breeder, or not the only breeder, he shall provide the relevant documentary evidence as to how the entitlement to the Community plant variety right came into his possession;

. a provisional designation for the variety;

. a technical description of the variety;

. the geographic origin of the variety;

. the credentials of any procedural representative;

. details of any previous commercialization of the variety;

. details of any other application made in respect of the variety

Moreover, the relevant fees (see here) have to be paid within a time limit specified by the Office.

 I. Entitlement to PVR 

II. 1) b) Description of the variety

Published on June 28, 2021