The committees of the CPVO

The Administrative Council of the CPVO, having regard to Articles 35(2) and 36(1)(c) of Council Regulation (EC) No 2100/94, decided on December 1999, for five years commencing 1/1/2000, to create 5 committees in the Office with the functions described below -

  1. A committee to decide on:
    • a petition for a declaration of nullity in relation to a Community plant variety right or for the cancellation thereof; and
    • the award of costs arising out of proceedings relating to such a petition.
  2. A committee to decide on :
    • an application for a compulsory exploitation right or a non-exclusive exploitation right.
  3. A committee to decide on:
    • an application for a Community plant variety right; and
    • the validity of an objection to the grant of a right.
  4. A committee to decide on:
    • a proposal for a variety denomination and on any subsequent amendment of a variety denomination.
  5. A committee to decide on:
    • the non-suspensory effect of an Appeal and on restituto in integrum; and
    • the award of costs arising out of Appeal proceedings

The composition

The composition of each of those committees is set in the table below:

Committee Composition Tasks
Committee 1 President of the CPVO, Vice-President of the CPVO, Legal adviser. 1. Nullity of protection (Art 20 BR*)
2. Cancellation of protection (Art 21 BR)
Committee 2 President of the CPVO, Vice-President of the CPVO, Legal adviser. Compulsory exploitation rights (Art 29 BR)
Committee 3 Vice-President of the CPVO, Legal adviser, Head of Technical Unit. 1. Grant of CPVR** (Art 62 BR)
2. Refusal of CPVR (Art 61 BR)
3. Objections (Art 59 BR)
Committee 4 Vice-President of the CPVO, Legal Adviser, Head of Technical Unit. 1. Approval of variety denominations (Art 63 BR)
2. Amendment of variety denominations (Art 66 BR)
Committee 5 President of the CPVO, Vice-President of the CPVO, Legal adviser. 1.Non suspensory effect of a decision (Art 67(2) BR)
2. Restitutio in integrum (Art 80 BR)
3. Apportionment of costs (Art 85 BR)

* Basic Regulation (Council Regulation (EC) N° 2100/94 of 27 July 1994)

** Community plant variety rights

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