European Commission 17 September 2009, Commission 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 (recast)

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European Union · · · Cited by 81 · 17-09-2009

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
Article 10. Consultations
Section 2. Boards of Appeal
Article 11. Boards of Appeal
Article 12. Registry attached to a Board of Appeal
CHAPTER III. Examination Offices
Article 13. Designation of an Examination Office referred to in Article 55(1) of the basic Regulation
Article 14. Designation of an Examination Office referred to in Article 55(2) of the basic Regulation
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
Article 43. Category of persons satisfying specific requirements pursuant to Article 29(2) of the basic Regulation
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 50. Oral proceedings
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 53. Decisions
Article 54. Certificate for a Community plant variety right
Article 55. Communications
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 65. Service by post
Article 66. Service by hand delivery
Article 67. Public notice
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 75. Awards 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 87. Official Gazette
Article 88. Publication of applications for exploitation rights to be granted by the Office and decisions thereon
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
Article 93.
Article 94. Entry into force
ANNEX I. ANNEX II

24.9.2009

Official Journal of the European Union

L 251/3

COMMISSION 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

(recast)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the

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