Implementing rules for the application of the Community Plant Variety Regulation
Print this pageCommission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office
Title I - Parties to proceedings, office and examination offices
Chapter I - Parties to proceedings
Article 1 - Parties to proceedings
Article 2 - Designation of parties to proceedings
Article 3 - Languages of parties to proceedings
Article 4 - Languages in oral proceedings and in the taking of evidence
Article 5 - Translation of documents of parties to proceedings
Chapter II - The Office
Section 1 - Committees of the Office
Article 6 - Qualification of members of the Committees
Article 7 - Decisions of the Committee
Article 8 - Power of individual members of the Committees
Article 9 - Role of the President
Section 2 - Boards of Appeal
Article 12 - Registry attached to a Board of Appeal
Chapter III - Examination Offices
Article 15 - Procedure for designation
Title II - Specific proceedings before the office
Chapter I - Application for a Community plant variety right
Section 1 - Actions of the applicant
Article 16 - Filing of the application
Article 17 - Receipt of the application
Article 18 - Conditions laid down in Article 50(1) of the basic Regulation
Article 19 - Conditions referred to in Article 50(2) of the basic Regulation
Article 20 - Claiming priority
Article 21 - Entitlement to a Community plant variety right during proceedings
Section 2 - Conduct of the technical examination
Article 22 - Decision on test guidelines
Article 23 - Powers vested in the President of the Office
Article 24 - Notification by the Office of the Examination Office
Article 25 - Cooperation between the Office and the Examination Office
Article 26 - Form of the examination reports
Article 27 - Other examination reports
Section 3 - Variety denomination
Article 28 - Proposal for a variety denomination
Article 29 - Examination of a proposal
Article 30 - Guidelines for variety denomination
Chapter II - Objection
Article 31 - Filing of objections
Article 32 - Rejection of objections
Chapter III - Maintenance of Community plant variety rights
Article 33 - Obligations of the holder under Article 64(3) of the basic Regulation
Article 34 - Technical verification of the protected variety
Article 35 - Other material to be used for a technical verification
Article 36 - Amendments of the variety denominations
Chapter IV - Community licences to be granted by the Office
Section 1 - Compulsory licences pursuant to Article 29 of the basic Regulation
Article 37 - Applications for a compulsory licence
Article 38 - Examination of the application for a compulsory licence
Article 39 - Tenure of a Community plant variety right during the proceedings
Article 40 - Contents of the decision on the application
Article 41 - Grant of a compulsory licence
Article 42 - Conditions pertaining to the person to whom a compulsory licence is granted
Section 2 - Exploitation rights pursuant to Article 100(2) of the basic Regulation
Article 44 - Exploitation rights pursuant to Article 100(2) of the basic Regulation
Title III - Proceedings before the Board of Appeal
Article 45 - Contents of the notice of appeal
Article 46 - Receipt of the notice of appeal
Article 47 - Participation as a party to the appeal proceedings
Article 48 - Role of the Office
Article 49 - Rejection of the appeal as inadmissible
Article 51 - Examination of appeals
Article 52 - Decision on the appeal
Title IV - General provisions relating to proceedings
Chapter I - Decisions, communications and documents
Article 53a - Proceedings for nullity and cancellation
Article 54 - Certificate for a Community plant variety right
Article 56 - Right of audience
Article 57 - Documents filed by parties to proceedings
Article 58 - Documentary evidence
Chapter II - Oral proceedings and taking of evidence
Article 59 - Summons to oral proceedings
Article 60 - Taking of evidence by the Office
Article 61 - Commissioning of experts
Article 62 - Costs of taking evidence
Article 63 - Minutes of oral proceedings and of taking of evidence
Chapter III - Service
Article 64 - General provisions on service
Article 64a - Service by electronic means or other technical means
Article 66 - Service by hand delivery
Article 66a - Service to procedural representatives
Article 68 - Irregularities in service
Chapter IV - Time limits and interruption of proceedings
Article 69 - Computation of time limits
Article 70 - Duration of time limits
Article 71 - Extension of time limits
Article 72 - Interruption of proceedings
Chapter V - Procedural representatives
Article 73 - Designation of a procedural representative
Article 74 - Credentials of procedural representatives
Chapter VI - Apportionment and determination of costs
Article 76 - Determination of costs
Article 77 - Settlement of costs
Title V - Information given to the public
Chapter I - Registers, public inspection and publications
Section 1 - The Registers
Article 78 - Entries related to proceedings and to Community plant variety rights, to be entered in the Registers
Article 79 - Entry of transfer of a Community plant variety right
Article 80 - Conditions for entries in the Registers
Article 81 - Conditions for specific entries in the Registers
Article 82 - Public inspection of the Registers
Section 2 - Keeping of documents, public inspection of documents and varieties grown
Article 83 - Keeping of the files
Article 84 - Access to documents held by the Office
Article 85 - Inspection of the growing of the varieties
Article 86 - Confidential information
Section 3 - Publications
Article 89 - Publication of appeals and decisions thereon
Chapter II - Administrative and legal cooperation
Article 90 - Communication of information
Article 91 - Inspection by or via courts or public prosecutors’ offices of the Member States
Article 92 - Procedure for letters rogatory
Title VI - Final provisions
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.
