Community Plant Variety Rights Regulation
Print this pageCouncil Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights
Part I - General Provisions
Article 1 - Community plant variety rights
Article 2 - Uniform effect of Community plant variety rights
Article 3 - National property rights for plant varieties
Part II - Substantive Law
Chapter I - Conditions Governing the Grant of Community Plant Variety Rights
Article 5 - Object of Community plant variety rights
Article 6 - Protectable varieties
Chapter II - Persons Entitled
Article 11 - Entitlement to Community plant variety rights
Article 12 - Entitlement to file an application for a Community plant variety right
Chapter III - Effects of the Community Plant Variety Rights
Article 13 - Rights of the holder of a Community plant variety right and prohibited acts
Article 14 - Derogation from Community plant variety right
Article 15 - Limitation of the effects of Community plant variety rights
Article 16 - Exhaustion of Community plant variety rights
Article 17 - Use of variety denominations
Article 18 - Limitation of the use of variety denominations
Chapter IV - Duration and Termination of Community Plant Variety Rights
Article 19 - Duration of Community plant variety rights
Article 20 - Nullity of Community plant variety rights
Article 21 - Cancellation of Community plant variety rights
Chapter V -Community Plant Variety Rights as Objects of Property
Article 22 - Assimilation with national laws
Article 24 - Levy of execution
Article 25 - Bankruptcy or like proceedings
Article 26 - The application for a Community plant variety right as an object of property
Article 27 - Contractual exploitation rights
Article 29 - Compulsory licensing
Part III - The Community Plant Variety Office
Chapter I - General Provisions
Article 30 - Legal status, sub-offices
Article 32 - Privileges and immunities
Article 33a - Access to documents
Article 35 - Decisions of the Office
Chapter II - The Administrative Council
Article 36 - Creation and powers
Article 40 - Place of meetings
Chapter III - Management of the Office
Article 42 - Functions and powers of the President
Article 43 - Appointment of senior officials
Article 44 - Control of legality
Chapter IV - The Boards of Appeal
Article 45 - Establishment and powers
Article 46 - Composition of the Boards of Appeal
Article 47 - Independence of the members of the Boards of Appeal
Article 48 - Exclusion and objection
Part IV - Proceedings Before the Office
Chapter I - Applications
Article 49 - Filing of applications
Article 50 - Conditions governing applications
Article 51 - Date of application
Article 52 - The right of priority
Chapter II - Examination
Article 53 - Formal examination of application
Article 54 - Substantive examination
Article 55 - Technical examination
Article 56 - The conduct of technical examinations
Article 57 - Examination reports
Article 58 - Costs of technical examinations
Article 59 - Objections to grant of right
Article 60 - Priority of a new application in the case of objections
Chapter III - Decisions
Article 63 - Variety denomination
Chapter IV - The Maintenance of Community Plant Variety Rights
Article 64 - Technical verification
Article 65 - Report on the technical verification
Article 66 - Amendment of the variety denomination
Chapter V - Appeals
Article 67 - Decisions subject to appeal
Article 68 - Persons entitled to appeal and to be parties to appeal proceedings
Article 69 - Time limit and form
Article 70 - Interlocutory revision
Article 71 - Examination of appeals
Article 72 - Decision on appeal
Article 73 - Actions against decisions of the Boards of Appeal
Chapter VI - Miscellaneous Conditions Governing Proceedings
Article 75 - Statement of grounds on which decisions are based, right of audience
Article 76 - Examination of the facts by the Office of its own motion
Article 78 - Taking of evidence
Article 80 - Restitutio in integrum
Article 81 - General principles
Article 82 - Procedural representative
Chapter VII - Fees, Settlment Costs
Article 84 - Termination of financial obligations
Article 85 - Apportionment of costs
Article 86 - Enforcement of decisions which determine the amount of costs
Chapter VIII - Registers
Article 87 - Establishment of the Registers
Article 88 - Public inspection
Article 89 - Periodical publications
Article 90 - Exchange of information and of publications
Article 91 - Administrative and legal cooperation
Part V - Impact on Other Laws
Article 92 - Cumulative protection prohibited
Article 93 - Application of national law
Part VI - Civil Law Claims, Infrigmenents, Jurisdiction
Article 95 - Acts prior to grant of Community plant variety rights
Article 97 - Supplementary application of national law regarding infringement
Article 98 - Claiming entitlement to a Community plant variety right
Article 99 - Obtaining identification of a variety
Article 100 - Consequences of a change in holdership of a Community plant variety right
Article 101 - Jurisdiction and procedure in legal actions relating to civil law claims
Article 102 - Supplementary provisions
Article 103 - Rules of procedure applicable
Article 104 - Entitlement to bring an action for infringement
Article 105 - Obligation of national courts or other bodies
Article 106 - Stay of proceedings
Article 107 - Penalties for infringement of Community plant variety rights
Part VII - Budget, Financial Control, Community Implementing Rules
Article 109 - Preparation of the budget
Article 110 - Implementation of the budget
Article 111 - Audit and control
Article 112 - Financial provisions
Article 113 - Fees regulations
Article 114 - Other implementing rules
Part VIII - Transitional and Final Provisions
Article 117 - Transitional provisions
Article 118 - Entry into force
Text in force at 01-01-2020. The text can be verified at Eur-lex. Titles of articles have been added for convenience, but are lacking in the official text, IP-PorTal.
