Commission Implementing Regulation (EU) 2021/384 on the suitability of the denominations of varieties of agricultural plant species and vegetable species and repealing Regulation (EC) No 637/2009.

Subject

Cultivated plants

Keyword

Planting material/seeds Certification Plant production Plant variety Breeders' rights/farmers' rights Intellectual property rights/patents

Geographical area

European Union Countries

Entry into force notes

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall apply from 1 January 2022.

Abstract

These provisions implement certain provisions of Directives 2002/53/EC and 2002/55/EC dealing with the suitability of the denominations of varieties of agricultural plant species and vegetable species, by means of a reference to rules for the application of the criteria set out in Article 63 of Council Regulation No. 2100/94 on Community plant variety rights. In the case of a trade mark as a prior right of a third party, the use of a variety denomination in the territory of the European Union shall be considered to be precluded by the notification to the competent authority for the approval of the variety denomination of a trade mark, which has been registered in one or more Member States or at European Union level prior to the approval of the variety denomination, and which is identical or similar to the variety denomination and registered in relation to goods which are identical or similar to the plant variety concerned.

Full text

English

Website

eur-lex.europa.eu

References - Legislation

Implements

Council Directive 2002/55/EC on the marketing of vegetable seed.

Legislation | European Union | 2002 (2020)

Keyword: Plant production, Planting material/seeds, Plant variety, Vegetables/legumes, Packaging/labelling, Certification, Internal trade, Biotechnology

Source: FAO, FAOLEX

Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species.

Legislation | European Union | 2002

Keyword: Plant production, Plant variety, Planting material/seeds, Certification, Cereals/grains/rice, Sugar cane/sugar beet, Internal trade, Crops/grasses, Agricultural commodities

Source: FAO, FAOLEX

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

Legislation | European Union | 1994 (2007)

Keyword: Basic legislation, Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents, Institution, Breeders' rights/farmers' rights

Source: FAO, FAOLEX

Repeals

Commission Regulation (EC) No. 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (Codified version).

Legislation | European Union | 2009

Keyword: Planting material/seeds, Certification, Plant production, Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents

Source: FAO, FAOLEX