Regulation 1995/1239 - Implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the EC Plant Variety Office - Main contents

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Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

Official Journal L 121 , 01/06/1995 P. 0037 - 0059

COMMISSION REGULATION (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 114 thereof,

Whereas Regulation (EC) No 2100/94 (hereinafter referred to as 'the Basic Regulation`) creates a new Community system of plant variety rights, whereby a plant variety right is valid throughout the Community;

Whereas such a system should be carried out in an effective manner as soon as possible by the Community Plant Variety Office, which is assisted by Examination Offices in conducting the technical examination of the plant varieties concerned and which may avail itself of the services of designated national agencies or one of its own sub-offices established for that purpose; whereas, in that regard, it is indispensable to define the relationship between the Office and its own sub-offices, the Examination Offices and national agencies;

Whereas decisions of the Office may be appealed against before its Board of Appeal which should be established and provisions on its procedure should be adopted; whereas further Boards of Appeal may be established, if necessary, by the Administrative Council;

Whereas certain provisions of Articles 23, 29, 34, 35, 36, 42, 45, 46, 49, 50, 58, 81, 85, 87, 88 and 100 of the Basic Regulation already explicitly provide that detailed rules shall or may be drawn up for their implementation; whereas other detailed rules should be drawn up for the same purpose if clarification is required;

Whereas the entry into effect of a transfer of a Community plant variety right or a transfer of an entitlement thereto should be defined in the rules relating to the entries to the Registers;

Whereas the Administrative Council of the Community Plant Variety Office has been consulted;

Whereas the rules provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Variety Rights,

HAS ADOPTED THIS REGULATION:

TITLE I

PARTIES TO PROCEEDINGS, OFFICE AND EXAMINATION OFFICES

CHAPTER I

PARTIES TO PROCEEDINGS

Article 1

Parties to proceedings

• 1. 

  The following persons may be party to proceedings before the Community Plant Variety Office, hereinafter referred to as 'the Office`:

(a) the applicant for a Community plant variety right;

(b) the objector referred to in Article 59 (2) of the Basic Regulation;

(c) the holder or holders of the Community plant variety right, hereinafter referred to as 'the holder`;

(d) any person whose application or request is a prerequisite for a decision to be taken by the Office.

• 2. 

  The Office may allow participation in the proceedings by any person other than those referred to in paragraph 1 who is directly and individually concerned, upon written request.

• 3. 

  Any natural or legal person as well as any body qualifying as a legal person under the law applicable to that body shall be considered a person within the meaning of paragraphs 1 and 2.

Article 2

Designation of parties to proceedings

• 1. 

  A party to proceedings shall be designated by his name and address.

• 2. 

  Names of natural persons shall be indicated by the person's family name and given names. Names of legal persons as well as companies or firms shall be indicated by their official designations.

• 3. 

  Addresses shall contain all the...

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