European Union Plant Variety Protection

This book is an invaluable and practical guide to the European Union plant variety protection system under Council Regulation (EC) 2100/94 and how it enables breeders from all corners of the world to protect new varieties of plants in the European Union with a tailor-made intellectual property right. It combines a comprehensive explanation of the system with clear guidance on the law in practice, including how to obtain plant variety protection and how to enforce rights to that protection. It analyses the interrelation of plant variety rights with other IP rights, and provides guidance on the appropriate form of protection, considering the strengths and weaknesses of the system. The book also features time-saving references for further information on national, European Union, and international plant variety protection and enforcement. Plant variety law now protects a market of almost 500 million customers, and as awareness of the advantages of EU-wide protection has grown, the volume of cases, as well as scholarship in this area, has grown rapidly. This new edition covers all recent case law of the General Court, the CJEU, and the BoA of the CPVO, in particular with regard to the duty and extent of ex officio investigations and material conditions for grant of EU plant variety rights. It also considers the extent and impact of the 2016 changes in the proceedings regulation. This newly updated guide to the world’s largest system for plant variety protection is an essential resource for practitioners in this field.