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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 26 January 2022

Substantive Law

Substantive Law

Chapter:
(p.27) 3 Substantive Law
Source:
European Union Plant Variety Protection
Author(s):

Gert Würtenberger

Paul van der Kooij

Bart Kiewiet

Martin Ekvad

Publisher:
Oxford University Press
DOI:10.1093/oso/9780192898234.003.0003

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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