Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implemen... (32009R0874)
INHALT
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)
- 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
- ANNEX III
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