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Thursday, 24 April 2008

As you reap, so shall ye (electronically) sow

Commission Regulation 355/2008 of 21 April 2008 amending Regulation 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office (CPVO) has now been published on the European Commission's Official Journal website.

Right: the big issue now for the CPVO is what to do with their old communications equipment

According to the first three Recitals,

"(1) The rules provided for in Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office should be simplified, in particular by allowing the use of electronic means of communication.

(2) It is appropriate to simplify, on the one hand, the filing of applications, objections or appeals and, on the other, the service of documents by the Community Plant Variety Office (the Office) by permitting the use of electronic means. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of information regarding Community plant variety rights should also be possible by electronic means. Finally, electronic storage of files relating to proceedings should be allowed to improve efficiency.

Above, left: ... and the answer is here!

(3) The President of the Office should be empowered to determine all necessary details with respect to the use of electronic means of communication or storage".

Says the IPKat, from this it looks as though the CPVO has been issuing hand-written certificates up till now, using Post-Its to stick information concerning rights on the noticeboard somewhere to the south of the office kettle and tea cupboard ... Merpel wonders, would anyone have challenged the vires of the CPVO if it did this without a Regulation?

Electronic plant information here
Do plants conduct electricity? Your chance to answer here

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