Equitable planting remuniration must be paid no later than 30 June

Print this page 06-07-2015
IPPT20150625, CJEU, STV v Vogel

PLANT BREEDER’S RIGHT

 

In order to be able to benefit from the derogation from the obligation to obtain the authorization of the holder of the plant variety right, the right holder is required to pay the equitable remuneration, no later than 30 June following the date of reseeding

 

"In the light of the foregoing considerations, the answer to the questions referred is that, in order to be able to benefit from the derogation provided for in Article 14 of Regulation No 2100/94 from the obligation to obtain the authorisation of the holder of the plant variety right concerned, a farmer who has planted propagating material obtained from a protected plant variety (farm-saved seed) without having concluded a contract for so doing with the holder, is required to pay the equitable remuneration by way of derogation within the period that expires at the end of the marketing year during which that planting took place, that is, no later than 30 June following the date of reseeding."

 

IPPT20150625, CJEU, STV v Vogel

 

C-242/14 - ECLI:EU:C:2015:422