Plant Health / Pesticides Safety
Plant Variety Property Rights and Genetic Resources
1. COMMUNITY PLANT VARIETY RIGHTS
A system for the protection of plant variety rights has been established by Community legislation. The system allows intellectual property rights, valid throughout the Community, to be granted for plant varieties. The Community plant variety right (CPVR) is a form of intellectual property akin to a patent. The Community Plant Variety Office (CPVO) in Angers (France) implements and applies this scheme. On the basis of one application to the CPVO, a breeder may be granted a single intellectual property right operative throughout the European Community. The system is based on the four underlying regulations:
- Council
Regulation (EC) No 2100/94
of 27 July 1994 on Community plant variety rights - 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
- Commission
Regulation (EC) No 1238/95
of 31 May 1995 establishing implementing rules
for the application of Council Regulation (EC) No 2100/94 as regards the
fees payable to the Community Plant Variety Office
- Commission
Regulation (EC) No 1768/95
of 24 July 1995 implementing rules on the agricultural exemption provided
for in Article 14 (3) of Council Regulation (EC) No 2100/94 on Community
plant variety rights.
2. PLANT GENETIC RESOURCES CONSERVATION
This area includes two activities:
- The most important new development is the FAO International Treaty on Plant Genetic Resources for Food and Agriculture, signed by the Community and its Member States on 6 June 2002. It provides a legally binding global framework for access to genetic resources and the sharing of benefits from their use: The Commission is currently preparing a proposal for a Council Decision on the Ratification of the International Treaty.
- Council Directive 98/95/EC
amends the seed marketing
Directives and allows seed of traditional (old) varieties or species
threatened by extinction to be excluded from the usual strict testing before
marketing. Guidelines for specific conditions for this kind of material have
been developed.
Plant Health / Pesticides Safety
FOOD SAFETY | PUBLIC HEALTH
| CONSUMER
PROTECTION | DIRECTORATE GENERAL "HEALTH &
CONSUMER PROTECTION"
