RARE PLANT VARIETIES CASE HITS ECJ

Yesterday the European Court of Justice gave judgment in a rare and unusual case involving one of Europe's least known species of IP right, the lesseer spotted Plant Varieties Right. In Case 182/01 Saatgut-Treuhandverwaltungsgesellschaft mbH v Werner Jäger, the court ruled that the holder of a Community plant variety right cannot require a farmer to provide certain information where there is no indication that the farmer has used or will use, for propagating purposes in the field, on his own holding, the product of the harvest obtained by planting, on his own holding, propagating material of a variety other than a hybrid or synthetic variety which is covered by that right and which belongs to one of the agricultural plant species listed in Article 14(2) of Regulation No 2100/94.

The IPKat, a carnivore, has hitherto taken little interest in this branch of IP law. Nonetheless, he's sure that it is a growth area.

Breeding advice here
Plants here
Naughtiness and plantshere , here and here

RARE PLANT VARIETIES CASE HITS ECJ RARE PLANT VARIETIES CASE HITS ECJ Reviewed by Jeremy and Ilanah on Friday, March 12, 2004 Rating: 5

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