Purpose of the CPVO
The purpose of the CPVO is to provide a system for the protection of plant varieties valid throughout the European Union. The system is based on the 1991 Act of the UPOV Convention. Community plant variety rights have uniform effect within the territory of the member States of the European Union. The 27 countries forming the European Union (EU) are, at present: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K. left the EU on January 31, 2020. There is a transition period, presently expected to end on December 31, 2020 to negotiate the terms of the withdrawal and implement the changes involved. Following Brexit, Community Plant Variety Rights (CPVR) will no longer apply in the U.K., and for new rights, separate applications will need to be filed. An agreement on the U.K.'s withdrawal from European Union has been agreed by the U.K. government and the European Council. Under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community October 19, 2019, the holder of a Community Plant Variety Right (CPVR), which is registered or granted before the end of the transition period (December 31, 2020), will become the holder of a comparable registered and enforceable plant variety right for the same plant variety in the U.K., inheriting the remaining term of protection and date of filing or date of priority from the CPVR.