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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).

Country/Territory
European Union
Document type
Legislation
Date
2009
Source
FAO, FAOLEX
Original source
Official Journal of the European Union L 191, 23 July 2009, pp. 10-14.
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
Abstract

These provisions implement certain provisions of Directives 2002/53/EC and 2002/55/EC dealing with the suitability of variety denominations, by means of a reference to article 63 of Council Regulation (EC) 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
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

Repeals

Commission Regulation (EC) No. 930/2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species.

Legislation | European Union | 2000

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

Source: FAO, FAOLEX

Implemented by

Act amending Seed Act.

Legislation | Poland | 2009

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

Source: FAO, FAOLEX

Amended by

Commission Implementing Regulation (EU) No. 763/2013 amending Regulation (EC) No. 637/2009 as regards the classification of certain plant species for the purposes of assessing the suitability of the denominations of varieties.

Legislation | European Union | 2013

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

Source: FAO, FAOLEX

Repealed by

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.

Legislation | European Union | 2021

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

Source: FAO, FAOLEX