COMMISSION REGULATION
(EC) No 874/2009
of 17 September 2009
establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office
(recast)
TITLE I
PARTIES TO PROCEEDINGS, OFFICE AND EXAMINATION OFFICES
CHAPTER I
Parties to proceedings
Article 1
Parties to proceedings
Article 2
Designation of parties to proceedings
Article 3
Languages of parties to proceedings
Article 4
Languages in oral proceedings and in the taking of evidence
Article 5
Translation of documents of parties to proceedings
CHAPTER II
The Office
Section 1
Committees of the Office
Article 6
Qualification of members of the Committees
Article 7
Decisions of the Committee
Article 8
Power of individual members of the Committees
Article 9
Role of the President
Article 10
Consultations
Section 2
Boards of Appeal
Article 11
Boards of Appeal
Article 12
Registry attached to a Board of Appeal
CHAPTER III
Examination Offices
Article 13
Designation of an Examination Office referred to in Article 55(1) of the basic Regulation
Article 14
Designation of an Examination Office referred to in Article 55(2) of the basic Regulation
Article 15
Procedure for designation
TITLE II
SPECIFIC PROCEEDINGS BEFORE THE OFFICE
CHAPTER I
Application for a Community plant variety right
Section 1
Actions of the applicant
Article 16
Filing of the application
Article 17
Receipt of the application
Article 18
Conditions laid down in Article 50(1) of the basic Regulation
Article 19
Conditions referred to in Article 50(2) of the basic Regulation
Article 20
Claiming priority
Article 21
Entitlement to a Community plant variety right during proceedings
Section 2
Conduct of the technical examination
Article 22
Decision on test guidelines
Article 23
Powers vested in the President of the Office
Article 24
Notification by the Office of the Examination Office
Article 25
Cooperation between the Office and the Examination Office
Article 26
Form of the examination reports
Article 27
Other examination reports
Section 3
Variety denomination
Article 28
Proposal for a variety denomination
Article 29
Examination of a proposal
Article 30
Guidelines for variety denomination
CHAPTER II
Objection
Article 31
Filing of objections
Article 32
Rejection of objections
CHAPTER III
Maintenance of Community plant variety rights
Article 33
Obligations of the holder under Article 64(3) of the basic Regulation
Article 34
Technical verification of the protected variety
Article 35
Other material to be used for a technical verification
Article 36
Amendments of the variety denominations
CHAPTER IV
Community licences to be granted by the Office
Section 1
Compulsory licences pursuant to Article 29 of the basic Regulation
Article 37
Applications for a compulsory licence
Article 38
Examination of the application for a compulsory licence
Article 39
Tenure of a Community plant variety right during the proceedings
Article 40
Contents of the decision on the application
Article 41
Grant of a compulsory licence
Article 42
Conditions pertaining to the person to whom a compulsory licence is granted
Article 43
Category of persons satisfying specific requirements pursuant to Article 29(2) of the basic Regulation
Section 2
Exploitation rights pursuant to Article 100(2) of the basic Regulation
Article 44
Exploitation rights pursuant to Article 100(2) of the basic Regulation
TITLE III
PROCEEDINGS BEFORE THE BOARD OF APPEAL
Article 45
Contents of the notice of appeal
Article 46
Receipt of the notice of appeal
Article 47
Participation as a party to the appeal proceedings
Article 48
Role of the Office
Article 49
Rejection of the appeal as inadmissible
Article 50
Oral proceedings
Article 51
Examination of appeals
Article 52
Decision on the appeal
TITLE IV
GENERAL PROVISIONS RELATING TO PROCEEDINGS
CHAPTER I
Decisions, communications and documents
Article 53
Decisions
Article 54
Certificate for a Community plant variety right
Article 55
Communications
Article 56
Right of audience
Article 57
Documents filed by parties to proceedings
Article 58
Documentary evidence
CHAPTER II
Oral proceedings and taking of evidence
Article 59
Summons to oral proceedings
Article 60
Taking of evidence by the Office
Article 61
Commissioning of experts
Article 62
Costs of taking evidence
Article 63
Minutes of oral proceedings and of taking of evidence
CHAPTER III
Service
Article 64
General provisions on service
Article 65
Service by post
Article 66
Service by hand delivery
Article 67
Public notice
Article 68
Irregularities in service
CHAPTER IV
Time limits and interruption of proceedings
Article 69
Computation of time limits
Article 70
Duration of time limits
Article 71
Extension of time limits
Article 72
Interruption of proceedings
CHAPTER V
Procedural representatives
Article 73
Designation of a procedural representative
Article 74
Credentials of procedural representatives
CHAPTER VI
Apportionment and determination of costs
Article 75
Awards of costs
Article 76
Determination of costs
Article 77
Settlement of costs
TITLE V
INFORMATION GIVEN TO THE PUBLIC
CHAPTER I
Registers, public inspection and publications
Section 1
The Registers
Article 78
Entries related to proceedings and to Community plant variety rights, to be entered in the Registers
Article 79
Entry of transfer of a Community plant variety right
Article 80
Conditions for entries in the Registers
Article 81
Conditions for specific entries in the Registers
Article 82
Public inspection of the Registers
Section 2
Keeping of documents, public inspection of documents and varieties grown
Article 83
Keeping of the files
Article 84
Access to documents held by the Office
Article 85
Inspection of the growing of the varieties
Article 86
Confidential information
Section 3
Publications
Article 87
Official Gazette
Article 88
Publication of applications for exploitation rights to be granted by the Office and decisions thereon
Article 89
Publication of appeals and decisions thereon
CHAPTER II
Administrative and legal cooperation
Article 90
Communication of information
Article 91
Inspection by or via courts or public prosecutors’ offices of the Member States
Article 92
Procedure for letters rogatory
TITLE VI
FINAL PROVISIONS
Article 93
Article 94
Entry into force
ANNEX I
ANNEX II
Commission Regulation (EC) No 1239/95 |
|
Commission Regulation (EC) No 448/96 |
|
Commission Regulation (EC) No 2181/2002 |
|
Commission Regulation (EC) No 1002/2005 |
|
Commission Regulation (EC) No 355/2008 |
ANNEX III
Regulation (EC) No 1239/95 |
This Regulation |
Articles 1 to 14 |
Articles 1 to 14 |
Article 15(1), (2) and (3) |
Article 15(1), (2) and (3) |
Article 15(4) |
— |
Article 15(5) and (6) |
Article 15(5) and (6) |
Articles 16 to 26 |
Articles 16 to 26 |
Article 27(1), first to fourth indents |
Article 27(1) (a) to (d) |
Article 27(2) and (3) |
Article 27(2) and (3) |
Article 27(4), first to fourth indents |
Article 27(4) (a) to (d) |
Articles 28 to 40 |
Articles 28 to 40 |
Article 41, first sentence |
Article 41(1) |
Article 41(1) to (4) |
Article 41(2) to (5) |
Articles 42 to 64 |
Articles 42 to 64 |
Article 65(2) to (5) |
Article 65(1) to (4) |
Articles 66 to 92 |
Articles 66 to 92 |
Article 93(1) |
Article 15(4) |
Article 93(2) and (3) |
— |
Article 94 |
— |
— |
Article 93 |
Article 95 |
Article 94 |
Annex |
Annex I |
— |
Annexes II and III |