Reasonable compensation does not include costs incurred for monitoring compliance
18-09-2012 Print this page
“Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material of same variety.
"43. It follows from all those considerations that the answer to the first question is that, in order to determine the ‘reasonable compensation’ payable, under Article 94(1) of Regulation No 2100/94, by a farmer who has used the propagating material of a protected variety obtained through planting and has not fulfilled his obligations under Article 14(3) of that regulation, read in conjunction with Article 8 of Regulation No 1768/95, it is appropriate to base the calculation on the amount equivalent to the fee payable for production under the C-Licence."
“Reasonable compensation” does not include costs incurred for monitoring compliance.
"51. In those circumstances, the answer to the third question is that the payment of compensation for costs incurred for monitoring compliance with the rights of the plant variety holder cannot enter into the calculation of the ‘reasonable compensation’ provided for under Article 94(1) of Regulation No 2100/94."
IPPT20120705, CJEU, Geistbeck v Saatgut
C-509/10 - ECLI:EU:C:2012:416
