Legal provisions of COM(2007)445 - Amendment of Regulation (EC) No 2100/94 as regards the entitlement to file an application for a Community plant variety right

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dossier COM(2007)445 - Amendment of Regulation (EC) No 2100/94 as regards the entitlement to file an application for a Community plant variety ...
document COM(2007)445 EN
date December 20, 2008

Contents

Article 1

Regulation (EC) No 2100/94 is hereby amended as follows:

1.Article 12 shall be replaced by the following:

‘Article 12

Entitlement to file an application for a Community plant variety right

An application for a Community plant variety right may be filed by any natural or legal person, or any body ranking as a legal person under the law applicable to that body.

An application may be filed jointly by two or more such persons.’;

2.in Article 41(2), the words ‘12(1)(b),’ shall be deleted;

3.Article 52(4) shall be replaced by the following:

‘4.   Paragraphs 2 and 3 shall also apply in respect of earlier applications that were filed in another State.’

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.