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Commission Regulation (EC) No. 1239/95 establishing implementing rules for the application of Council Regulation (EC) No. 2100/94 as regards proceedings before the Community Plant Variety Office

Type of law

This Regulation makes provision on proceedings before the Community Plant Variety Office set up under Council Regulation (EC) No. 2100/94 (hereinafter the Basic Regulation ). The latter has created a new Community system of plant variety rights. The present Regulation consists of six Titles and an Annex. Title I lays down rules to determine the natural and legal persons which are entitled to commence or be party to proceedings before the Community Plant Variety Office. Further provisions contained in this Title concern the Committees of the Office. Article 11 provides for the establishment of a Board of Appeal for the purpose of deciding on appeals from the decisions referred to in article 67 of the Basic Regulation. Title II of this Regulation lays down rules governing special proceedings before the Office. In particular it describes with detail the content of applications for a Community plant variety right (Chapter I) and objections (Chapter II). In accordance with article 33, the holder of a Community plant variety right shall permit inspection of material of the variety concerned and of the location where the identity of the variety is preserved, in order to furnish the information necessary for assessing the continuance of the variety in its unaltered state, pursuant to Article 64 (3) of the Basic Regulation. Article 34 regards technical verification of the protected variety. Further, Chapter IV deals with applications for a compulsory exploitation right. Title III lays down provisions governing proceedings before the above-mentioned Board of Appeal. Title IV establishes general provisions relating to proceedings structured into the following six Chapters: (I) Decisions, communications and documents; (II) Oral proceedings and taking of evidence; (III) Service; (IV) Time limits and interruption of proceedings; (V) Procedural representatives; (VI) Apportionment and determination of costs. Title V is entirely devoted to information given to the public.
Date of text
Entry into force notes
This Regulation came into force on 1 June 1995.
This Regulation has been adopted on the basis of article 114 of Council Regulation (EC) No. 2100/94.
Serial Imprint
Official Journal L 121, 1 June 1995, pp. 37 59
Source language


Legislation Amendment