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Food Safety

Plant variety property rights

The EU has established a system that grants intellectual property rights to new plant varieties called Community plant variety right (CPVR). It is similar to a patent and once given, is valid throughout the EU.

It is in line with TRIPS/WTO agreements and the UPOV convention (International Union for the Protection of New Varieties of Plants).

The Community Plant Variety Office (CPVO) in Angers (France) implements the system.

By applying to the CPVO, breeders receive a single intellectual property right valid throughout the EU. For the majority of plant species it is possible to receive plant breeders rights for a period of 25 years. The species of vine, tress, groups of flower bulbs, woody small fruits, woody ornamentals, potatoes and asparagus can be protected for 30 years.

The CPVO is financially independent from EU institutions. It adopts decisions on plant variety protection titles which are legally binding for third parties.

Evaluation

This evaluation completes the 2008/2009 evaluation of the legislation on marketing seed and plant propagating material, and complements the evaluation of the Community Plant Variety Office.

Legislation

Six pieces of legislation regulate this area.