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Introduction to the EC Regulation on Plant Variety Protection - P.A.C.E. Van Der Kooij

Introduction to the EC Regulation on Plant Variety Protection

Hardcover

Published: October 1997
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Council Regulation (EC) No. 2100/94 on Plant Variety Protection (the Regulation) enables breeders to obtain Community-wide protection for new plant varieties by filing a single application with the newly-established Community Plant Variety Office. Because of the huge time and money savings created by this single central filing requirement, it is expected that the EC Regulation will eclipse the Member States' individual plant variety protection regimes, especially as virtually all of these are already aligned with the 1991 International Convention for the Protection of New Varieties of Plants (LTPOV), which essentially comprises the same substantive rules as the EC Regulation.In the absence of an official explanatory memorandum on this important Regulation, this thorough commentary will be of great value to plant breeders, growers, farmers, and business lawyers concerned with the marketing and disposal of plant materials. The book offers the full official English text of the Regulation, with detailed article-by-article commentary that includes: precise definitions of every term, including the special meanings of 'new' and 'distinct' in the context of plant variety protection law; in-depth explanation of entitlement, duration, transfer, and termination of a breeder's rights to plant variety protection; analysis of the administrative and appeal systems of the Community Plant Variety Office; substantive and procedural issues arising from claims of entitlement and actions for infringement. Appendices include texts of the three implementing regulations, which cover such matters as fees, administrative proceedings, documentation, and the agricultural exemption. These regulations are cross-referenced whenever their subject matter arises in the commentary.

Acknowledgments
List of Abbreviations
Introduction
Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community Plant Variety Rights
General Provisions
Substantive Law
Conditions Governing the Grant of Community Plant Variety Rights
Persons Entitled
Effects of Community Plant Variety Rights
Duration and Termination of Community Plant Variety Rights
Community Plant Variety Rights as Objects of Property
The Community Plant Variety Office
General Provisions
The Administrative Council
Management of the Office
The Boards of Appeal
Proceedings Before the Office
Applications
Examination
Decisions
The Maintenance of Community Plant Variety Rights
Appeals
Miscellaneous Conditions Governing Proceedings
Fees, Settlement of Costs
Registers
Impact on Other Laws
Civil Law Claims, Infringements, Jurisdiction
Budget, Financial Control, Community Implementing Rules
Transitional and Final Provisions
Commission Regulation (EC) No. 1238/95 of 31 May 1995 Establishing Implementing Rules for the Application of Council Regulation (EC) No. 2100/94 as Regards the Fees Payable to the Community Plant Variety Office (the 'Fees Regulations')
Commission Regulation (EC) No. 1239/95 of 31 May 1995 Establishing Implementing Rules for the Application of Council Regulation (EC) No. 2100/94 as Regards Proceedings Before the Community Plant Variety Office (the 'Proceedings Regulation')
Commission Regulation (EC) No. 1768/95 of 24 July 1995 Implementing Rules on the Agricultural Exemption Provided for in Article 14(3) of Council Regulation (EC) No. 2100/94 on Community Plant Variety Rights (the 'Agricultural Exemption Regulation')
Addresses of National Offices
Index (By Articles of the Basic Regulation)
Index
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041107022
ISBN-10: 9041107029
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 272
Published: October 1997
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.6
Weight (kg): 0.56