This content is exclusively provided by FAO / FAOLEX

Council Regulation (EC) No. 2100/94 on Community plant variety rights.

Country
Type of law
Legislation
Date of original text
Source

Abstract
A system of Community plant variety rights is hereby established as the sole and exclusive form of Community industrial property rights for plant varieties. Community plant variety rights shall have uniform effect within the territory of the Community and may not be granted, transferred or terminated in respect of the abovementioned territory otherwise than on a uniform basis. For the purpose of this Regulation variety shall be taken to mean a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant variety right are fully met. Disposition on distinction, protectable varieties, uniformity, stability and novelty are set. The person who bred, or discovered and developed the variety, or his successor in title, shall be entitled to the Community plant variety right. Rules on breeder's rights and duration of the right are set. Community plant variety right as an object of property shall be regarded in all respects, and for the entire territory of the Community. A Community Plant Variety Office is established and it shall have legal personality. The Office shall verify the continuing existence of plant variety rights, identification of the varieties, set a registry of applications for Community plant variety rights and punish the infringements. (118 articles)
Date of consolidation/reprint
Entry into force notes
This Regulation shall enter into force on 1 September 1994.
Notes
An unofficial consolidated version of the present Regulation as amended last by Council Regulation (EC) No. 15/2008 of 20 December 2007 is attached.
Repealed
No
Serial Imprint
Official Journal L 227, 1 September 1994, pp. 1-30.
Source language

English

Legislation Amendment
No
Implemented by