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

Country/Territory
European Union
Document type
Legislation
Date
1994 (2007)
Source
FAO, FAOLEX
Original source
Official Journal L 227, 1 September 1994, pp. 1-30.
Subject
Cultivated plants
Keyword
Basic legislation Plant variety Breeders' rights/farmers' rights Intellectual property rights/patents Institution Breeders' rights/farmers' rights
Geographical area
European Union Countries
Entry into force notes
This Regulation shall enter into force on 1 September 1994.
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)

Full text
English
Website
europa.eu

References - Legislation

Implemented by

Agricultural Amendment Act 2001 and Varieties Protection Act 2001.

Legislation | Austria | 2001

Keyword: Breeders' rights/farmers' rights, Animal feed/feedstuffs, Fertilizers/nutrients, Pesticides, Plant protection, Planting material/seeds, Plant variety, Registration, Court/tribunal, Authorization/permit, Institution, Offences/penalties, Basic legislation, Plant production

Source: FAO, FAOLEX

European Communities (Protection of Plant Variety Rights) Regulations 2007 (S.I. No. 273 of 2007).

Legislation | Ireland | 2007

Keyword: Plant variety, Planting material/seeds, Data collection/reporting, Registration, Inspection, Offences/penalties, Plant production

Source: FAO, FAOLEX

Commission Regulation (EC) No. 874/2009 establishing implementing rules for the application of Council Regulation (EC) No. 2100/94 as regards proceedings before the Community Plant Variety Office.

Legislation | European Union | 2009

Keyword: Breeders' rights/farmers' rights, Court/tribunal, Intellectual property rights/patents

Source: FAO, FAOLEX

Plant Breeders' Rights (Naming and Fees) Regulations 2006 (S.I. No. 648 of 2006).

Legislation | United Kingdom | 2006

Keyword: Plant production, Plant variety, Registration, Intellectual property rights/patents, Breeders' rights/farmers' rights, Authorization/permit

Source: FAO, FAOLEX

Act concerning the functions of public authorities relating to the registration of varieties of cultivated plants and the marketing of propagating material of cultivated plants.

Legislation | Slovakia | 2006

Keyword: Plant variety, Internal trade, Registration, Institution

Source: FAO, FAOLEX

Plant Propagation and Plant Variety Rights Act (2005).

Legislation | Estonia | 2005 (2020)

Keyword: Basic legislation, Plant variety, Crops/grasses, Planting material/seeds, Intellectual property rights/patents, Certification, Contract/agreement, Breeders' rights/farmers' rights, Genetic resources, Internal trade, International trade, Packaging/labelling, Liability/compensation, Plant production, Plant protection

Source: FAO, FAOLEX

Varieties Protection Act 2001.

Legislation | Austria | 2001 (2015)

Keyword: Fertilizers/nutrients, Pesticides, Plant protection, Planting material/seeds, Plant variety, Registration, Breeders' rights/farmers' rights, Court/tribunal, Authorization/permit, Institution, Offences/penalties, Basic legislation, Plant production, Intellectual property rights/patents

Source: FAO, FAOLEX

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

Council Regulation (EC) No. 2470/96 providing for an extension of the terms of a Community plant variety right in respect of potatoes

Legislation | European Union | 1996

Keyword: Breeders' rights/farmers' rights, Plant variety, Crops/grasses, Vegetables/legumes, Intellectual property rights/patents

Source: FAO, FAOLEX

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

Legislation | European Union | 1995

Keyword: Plant variety, Breeders' rights/farmers' rights, Intellectual property rights/patents, Court/tribunal, Legal proceedings/administrative proceedings, Access-to-information

Source: FAO, FAOLEX

Arrêté royal relatif aux catalogues nationaux des variétés des espèces de plantes agricoles et de légumes.

Legislation | Belgium | 2001

Keyword: Plant production, Plant variety, Planting material/seeds, Certification, Crops/grasses, Vegetables/legumes, Institution, Classification/declassification

Source: FAO, FAOLEX

Commission Regulation (EC) No. 1768/95 implementing rules on the agricultural exemption provided for in Article 14 (3) of Council Regulation (EC) No 2100/94 on Community plant variety rights.

Legislation | European Union | 1995

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

Source: FAO, FAOLEX

Commission Regulation (EC) No. 1238/95 establishing implementing rules for the application of Council Regulation (EC) No. 2100/94 as regards the fees payable to the Community Plant Variety Office.

Legislation | European Union | 1995

Keyword: Institution, Intellectual property rights/patents

Source: FAO, FAOLEX

Plant Breeder’s Right Act (No. 1279 of 2009).

Legislation | Finland | 2009

Keyword: Basic legislation, Plant production, Plant variety, Intellectual property rights/patents, Authorization/permit, Registration, Institution, Liability/compensation, Breeders' rights/farmers' rights

Source: FAO, FAOLEX

Registered Plant Breeders' Rights (Bailiwick of Guernsey) Ordinance, 2007 (No. IV of 2007).

Legislation | Guernsey (UK) | 2007

Keyword: Basic legislation, Plant production, Plant variety, Planting material/seeds, Breeders' rights/farmers' rights, Access and benefit-sharing, Legal proceedings/administrative proceedings, Genetic resources, Offences/penalties, Intellectual property rights/patents

Source: FAO, FAOLEX

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

Act no. 408/2000 on the protection of plant variety rights.

Legislation | Czechia | 2000 (2020)

Keyword: Basic legislation, Plant production, Plant variety, Breeders' rights/farmers' rights, Registration, Offences/penalties, Intellectual property rights/patents

Source: FAO, FAOLEX

Amended by

Council Regulation (EC) No. 15/2008 amending Regulation (EC) No. 2100/94 as regards the entitlement to file an application for a Community plant variety right.

Legislation | European Union | 2007

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

Source: FAO, FAOLEX

Council Regulation (EC) No. 873/2004 amending Regulation (EC) No. 2100/94 on Community plant variety rights.

Legislation | European Union | 2004

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

Source: FAO, FAOLEX