Effects of the Holder’s Rights
Under the Community legislation, generally the effects of the Community plant variety rights in respect to variety constituents or harvested material of the protected variety, require the holder’s prior authorization for production or reproduction (multiplication); conditioning for the purpose of propagation; offering for sale, selling or other marketing; exporting from the EU; importing to the EU; stocking for any of the above-mentioned purposes. Under certain conditions, the holder’s authorization may also be required in relation to varieties, which are essentially derived from the protected variety; varieties which are not distinct from the protected variety under specific conditions; and varieties whose production requires the repeated use of the protected variety.
The Community legislation also provides for some specific limitations and derogations from the Community plant variety right, mainly for the purposes of safeguarding agricultural production.
Duration: like all intellectual property rights, the Community plant variety rights are granted for a limited period of time: 25 years as of the grant or 30 years as of the grant in the case of varieties of vine and tree species, at the end of which the protected varieties pass into the public domain.
Annual fees: the first annual fee shall be paid within sixty days of the date of grant. Subsequent annual fees shall be paid on the first day of the calendar month preceding the month in which the anniversary date of the grant falls.
Cancellation: Community plant variety rights can be annulled or cancelled and are also subject to controls (technical verifications), in the public interest, against any possible abuse.