IPPT20111020, CJEU, Greenstar v Kanzi

Print this page 12-12-2011
IPPT20111020, CJEU, Greenstar v Kanzi

PLANT VARIETY RIGHTS

 

No exhaustion of plant variety rights in case of breach of license conditions or restrictions which relate directly to the essential features of the plant variety right concerned
• the answer to the first question is that, in cir-cumstances such as those at issue in the main pro-ceedings, Article 94 of Regulation No 2100/94, read in conjunction with Articles 11(1), 13(1) to (3), 16, 27 and 104 thereof, must be interpreted as meaning that the holder or the person enjoying the right of exploitation may bring an action for infringement against a third party which has obtained material through another person enjoying the right of exploi-tation who has contravened the conditions or limita-tions set out in the licensing contract that that other person concluded at an earlier stage with the holder to the extent that the conditions or limitations in question relate directly to the essential features of the Community plant variety right concerned. It is for the referring court to make that assessment.

 

Awareness or deemed to be aware of the conditions of the license of no significance restrictions
• In the light of the foregoing, the answer to the second question is that it is of no significance for the assessment of the infringement that the third party which effected the acts on the material sold or dis-posed of was aware or was deemed to be aware of the conditions or limitations imposed in the licensing contract.

 

IPPT20111020, CJEU, Greenstar v Kanzi