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Council Regulation (EC) No 2100/94Show full title

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

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Council Regulation (EC) No 2100/94 is up to date with all changes known to be in force on or before 21 September 2019. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART ONE GENERAL PROVISIONS

    1. Article 1.Community plant variety rights

    2. Article 2.Uniform effect of Community plant variety rights

    3. Article 3.National property rights for plant varieties

    4. Article 4.Community Office

  3. PART TWO SUBSTANTIVE LAW

    1. CHAPTER I CONDITIONS GOVERNING THE GRANT OF COMMUNITY PLANT VARIETY RIGHTS

      1. Article 5.Object of Community plant variety rights

      2. Article 6.Protectable varieties

      3. Article 7.Distinctness

      4. Article 8.Uniformity

      5. Article 9.Stability

      6. Article 10.Novelty

    2. CHAPTER II PERSONS ENTITLED

      1. Article 11.Entitlement to Community plant variety rights

      2. Article 12. Entitlement to file an application for a Community plant variety right

    3. CHAPTER III EFFECTS OF COMMUNITY PLANT VARIETY RIGHTS

      1. Article 13.Rights of the holder of a Community plant variety right and prohibited acts

      2. Article 14.Derogation from Community plant variety right

      3. Article 15.Limitation of the effects of Community plant variety rights

      4. Article 16.Exhaustion of Community plant variety rights

      5. Article 17.Use of variety denominations

      6. Article 18.Limitation of the use of variety denominations

    4. CHAPTER IV DURATION AND TERMINATION OF COMMUNITY PLANT VARIETY RIGHTS

      1. Article 19.Duration of Community plant variety rights

      2. Article 20.Nullity of Community plant variety rights

      3. Article 21.Cancellation of Community plant variety rights

    5. CHAPTER V COMMUNITY PLANT VARIETY RIGHTS AS OBJECTS OF PROPERTY

      1. Article 22.Assimilation with national laws

      2. Article 23.Transfer

      3. Article 24.Levy of execution

      4. Article 25.Bankruptcy or like proceedings

      5. Article 26.The application for a Community plant variety right as an object of property

      6. Article 27.Contractual exploitation rights

      7. Article 28.Joint holdership

      8. Article 29. Compulsory licensing

  4. PART THREE THE COMMUNITY PLANT VARIETY OFFICE

    1. CHAPTER I GENERAL PROVISIONS

      1. Article 30.Legal status, sub-offices

      2. Article 31.Staff

      3. Article 32.Privileges and immunities

      4. Article 33.Liability

      5. Article 33a. Access to documents

      6. Article 34.Languages

      7. Article 35.Decisions of the Office

    2. CHAPTER II THE ADMINISTRATIVE COUNCIL

      1. Article 36.Creation and powers

      2. Article 37.Composition

      3. Article 38.Chairmanship

      4. Article 39.Meetings

      5. Article 40.Place of meetings

      6. Article 41.Voting

    3. CHAPTER III MANAGEMENT OF THE OFFICE

      1. Article 42.Functions and powers of the President

      2. Article 43.Appointment of senior officials

      3. Article 44.Control of legality

    4. CHAPTER IV THE BOARDS OF APPEAL

      1. Article 45.Establishment and powers

      2. Article 46.Composition of the Boards of Appeal

      3. Article 47.Independence of the members of the Boards of Appeal

      4. Article 48.Exclusion and objection

  5. PART FOUR PROCEEDINGS BEFORE THE OFFICE

    1. CHAPTER I APPLICATIONS

      1. Article 49.Filing of applications

      2. Article 50.Conditions governing applications

      3. Article 51.Date of application

      4. Article 52.The right of priority

    2. CHAPTER II EXAMINATION

      1. Article 53.Formal examination of application

      2. Article 54.Substantive examination

      3. Article 55.Technical examination

      4. Article 56.The conduct of technical examinations

      5. Article 57.Examination reports

      6. Article 58.Costs of technical examinations

      7. Article 59.Objections to grant of right

      8. Article 60.Priority of a new application in the case of objections

    3. CHAPTER III DECISIONS

      1. Article 61.Refusal

      2. Article 62.Grant

      3. Article 63.Variety denomination

    4. CHAPTER IV THE MAINTENANCE OF COMMUNITY PLANT VARIETY RIGHTS

      1. Article 64.Technical verification

      2. Article 65.Report on the technical verification

      3. Article 66.Amendment of the variety denomination

    5. CHAPTER V APPEALS

      1. Article 67.Decisions subject to appeal

      2. Article 68.Persons entitled to appeal and to be parties to appeal proceedings

      3. Article 69.Time limit and form

      4. Article 70.Interlocutory revision

      5. Article 71.Examination of appeals

      6. Article 72.Decision on appeal

      7. Article 73. Actions against decisions of the Boards of Appeal

      8. Article 74. Direct action

    6. CHAPTER VI MISCELLANEOUS CONDITIONS GOVERNING PROCEEDINGS

      1. Article 75.Statement of grounds on which decisions are based, right of audience

      2. Article 76.Examination of the facts by the Office of its own motion

      3. Article 77.Oral proceedings

      4. Article 78.Taking of evidence

      5. Article 79.Service

      6. Article 80.Restitutio in integrum

      7. Article 81.General principles

      8. Article 82.Procedural representative

    7. CHAPTER VII FEES, SETTLEMENT OF COSTS

      1. Article 83.Fees

      2. Article 84.Termination of financial obligations

      3. Article 85.Apportionment of costs

      4. Article 86.Enforcement of decisions which determine the amount of costs

    8. CHAPTER VIII REGISTERS

      1. Article 87.Establishment of the Registers

      2. Article 88.Public inspection

      3. Article 89.Periodical publications

      4. Article 90.Exchange of information and of publications

      5. Article 91.Administrative and legal cooperation

  6. PART FIVE IMPACT ON OTHER LAWS

    1. Article 92.Cumulative protection prohibited

    2. Article 93.Application of national law

  7. PART SIX CIVIL LAW CLAIMS, INFRINGEMENTS, JURISDICTION

    1. Article 94.Infringement

    2. Article 95.Acts prior to grant of Community plant variety rights

    3. Article 96.Prescription

    4. Article 97.Supplementary application of national law regarding infringement

    5. Article 98.Claiming entitlement to a Community plant variety right

    6. Article 99.Obtaining identification of a variety

    7. Article 100.Consequences of a change in holdership of a Community plant variety right

    8. Article 101.Jurisdiction and procedure in legal actions relating to civil law claims

    9. Article 102.Supplementary provisions

    10. Article 103.Rules of procedure applicable

    11. Article 104.Entitlement to bring an action for infringement

    12. Article 105.Obligation of national courts or other bodies

    13. Article 106.Stay of proceedings

    14. Article 107.Penalties for infringement of Community plant variety rights

  8. PART SEVEN BUDGET, FINANCIAL CONTROL, COMMUNITY IMPLEMENTING RULES

    1. Article 108.Budget

    2. Article 109.Preparation of the budget

    3. Article 110.Implementation of the budget

    4. Article 111. Audit and control

    5. Article 112.Financial provisions

    6. Article 113.Fees regulations

    7. Article 114.Other implementing rules

    8. Article 115. Procedure

  9. PART EIGHT TRANSITIONAL AND FINAL PROVISIONS

    1. Article 116.Derogations

    2. Article 117.Transitional provisions

    3. Article 118.Entry into force

  10. Signature

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