To determine if a variety is protected by a plant breeder's right or not, he must make a double check to determine if the variety is protected by a Community certificate (under Regulation 2100/94) or a French certificate (under the provisions of the Intellectual Property Code).
Community Plant Variety Right:
must first be carried out and check if the variety is protected by a Community plant variety right. There is an online database that allows you to type the name of the variety: www.cpvo.europa.eu (link is to the second page, bottom left) If the plug appears, it give the date of application for protection and finish.
For example, the potato Lady Florina was protected in 1996, but noted in the record that the variety is no longer protected since 2005 (probably because the breeder has stopped paying annuities).
NB Please note that this database has no official status with regard to legislation governing CPVO. The Official Newsletter of the Community Plant Variety Office remains the only official publication of information entered in the Register of Community plant variety.
Plant Variety Law French:
At the French level, it is more difficult to determine if a variety is protected. There is no base line data on the website of the Committee PVP. should therefore in principle: - it is possible to call the CPOV to ask the question directly because the CPOV is responsible to keep the National Register of Plant Breeders under Article R623- 27 of the Code of Intellectual Property;
- otherwise requires access to a copy of Official Bulletin Board of the Plant Variety Protection : Article R623-28 indicates that "the grant of plant variety certificate is issued Official Bulletin of the Committee for Protection of New Varieties of Plants within three months from the date Delivery notification made to the owner of plant breeders' rights ".
Neither the National Library of France, or the library of the INPI have a version of the Bulletin, but the CPOV must have a copy.
0 comments:
Post a Comment