Regulation 1994/2100 - Community plant variety rights

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. 31994R2100
  6. Original proposal
  7. Sources and disclaimer
  8. Full version
  9. EU Monitor

1.

Current status

This regulation has been published on September  1, 1994 and entered into force on the same day.

2.

Key information

official title

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights
 
Legal instrument Regulation
Number legal act Regulation 1994/2100
Original proposal COM(1990)347
CELEX number1 31994R2100

3.

Key dates

Document 27-07-1994
Publication in Official Journal 01-09-1994; Special edition in Bulgarian: Chapter 03 Volume 015,Special edition in Latvian: Chapter 03 Volume 016,Special edition in Maltese: Chapter 03 Volume 016,Special edition in Swedish: Chapter 03 Volume 060,Special edition in Slovak: Chapter 03 Volume 016,Special edition in Croatian: Chapter 03 Volume 024,Special edition in Hungarian: Chapter 03 Volume 016,Special edition in Polish: Chapter 03 Volume 016,Special edition in Romanian: Chapter 03 Volume 015,OJ L 227, 1.9.1994,Special edition in Czech: Chapter 03 Volume 016,Special edition in Slovenian: Chapter 03 Volume 016,Special edition in Finnish: Chapter 03 Volume 060,Special edition in Estonian: Chapter 03 Volume 016,Special edition in Lithuanian: Chapter 03 Volume 016
Effect 01-09-1994; Entry into force Date pub. See Art 118
27-04-1995; Partial application See Art 118
End of validity 31-12-9999

4.

Legislative text

Avis juridique important

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5.

31994R2100

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

Official Journal L 227 , 01/09/1994 P. 0001 - 0030

Finnish special edition: Chapter 3 Volume 60 P. 0196

Swedish special edition: Chapter 3 Volume 60 P. 0196

COUNCIL REGULATION (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas plant varieties pose specific problems as regards the industrial property régime which may be applicable;

Whereas industrial property regimes for plant varieties have not been harmonized at Community level and therefore continue to be regulated by the legislation of the Member States, the content of which is not uniform;

Whereas in such circumstances it is appropriate to create a Community regime which, although co-existing with national regimes, allows for the grant of industrial property rights valid throughout the Community;

Whereas it is appropriate that the implementation and application of this Community regime should not be carried out by the authorities of the Member States but by a Community Office with legal personality, the 'Community Plan Variety Office';

Whereas the system must also have regard to developments in plant breeding techniques including biotechnology; whereas in order to stimulate the breeding and development of new varieties, there should be improved protection compared with the present situation for all plant breeders without, however, unjustifiably impairing access to protection generally or in the case of certain breeding techniques;

Whereas varieties of all botanical genera and species should be protectable;

Whereas protectable varieties must comply with internationally recognized requirements, i.e. distinctness, uniformity, stability and novelty, and also be designated by a prescribed variety denomination;

Whereas it is important to provide for a definition of a plant variety, in order to ensure the proper functioning of the system;

Whereas this definition is not intended to alter definitions which may have been established in the field of intellectual property rights, especially the patent field, nor to interfere with or exclude from application laws governing the protectability of products, including plants and plant material, or processes under such other industrial property rights;

Whereas it is however highly desirable to have a common definition in both fields; whereas therefore appropriate efforts at international level should be supported to reach such a common definition;

Whereas for the grant of Community plant variety rights an assessment of important characteristics relating to the variety is necessary; whereas, however, these characteristics need not necessarily relate to their economic importance;

Whereas the system must also clarify to whom the right to Community plant variety protection pertains; whereas in some cases it would be to several persons in common, not just to one; whereas the formal entitlement to make applications must be regulated;

Whereas the system must also define the term 'holder' used in this Regulation; whereas that term 'holder' without further specification is used in this Regulation including in its Article 29 (5), it is intended to be within the meaning of Article 13 (1) thereof;

Whereas, since the effect of a Community plant variety right should be uniform throughout the Community, commercial transactions subject to the holder's agreement must be precisely delimited; whereas the scope of protection should be extended, compared with most national systems, to certain material of the variety to take account of trade via...


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This text has been adopted from EUR-Lex.

6.

Original proposal

  • COM(1990)347 - Community plant variety rights
 

7.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:
  • dossier EUR-Lex decision2

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

8.

Full version

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9.

EU Monitor

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