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Food and Feed Safety (21-01-2008)

Worldwide access to Community plant variety rights

Until now, breeders from non-EU and non-UPOV countries could only be granted a title if the European Commission gave a favorable opinion. Through the amendment of Art 12 of Council Regulation (EC) N° 2100/94, applicants from all nations will now be able to apply for a Community plant variety right on the same terms. Nevertheless non-EU applicants still need to have a procedural representative in the EU. The amendment will enter into force on the 31st January 2008.
This amendment will simplify access to the Community plant variety right system and strengthen its principal characteristic which is granting protection guaranteeing exclusive industrial property rights for new varieties of plants throughout the 27 Member States of the European Union on the basis of one application and one process identical for all breeders worldwide.
The Community protection system has once again shown its attractiveness to breeders: almost 3000 applications were registered in 2007, an increase of nearly 9% compared to 2006 and of 97.8% compared to 1996, the first complete year of activity after the establishment of the Community Plant variety Office (CPVO) in 1995. 
The reference to the amendment is Council Regulation (EC) No 15/2008 of 20 December 2008, OJ No L8, 11.1.2008, p.2
More information on the CPVO is available at: