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European Union Plant Variety Protection$
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Gert Würtenberger, Martin Ekvad, Paul van der Kooij, and Bart Kiewiet

Print publication date: 2021

Print ISBN-13: 9780192898234

Published to Oxford Scholarship Online: July 2021

DOI: 10.1093/oso/9780192898234.001.0001

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Substantive Law

Substantive Law

(p.27) 3 Substantive Law
European Union Plant Variety Protection

Gert Würtenberger

Paul van der Kooij

Bart Kiewiet

Martin Ekvad

Oxford University Press

This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.

Keywords:   International Union for the Protection of New Varieties of Plants, UPOV, plant breeders, Community Plant Variety Office, CPVO, Community plant variety right

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