FAQ

Please go to the authentification page, click on link "Lost password". You will be requested to enter your login. If the login is found, you will shortly after receive an automated email containing a link to redefine the password. This link is only valid for 72 hours. In case the delay is past, you can do the same procedure again. In case the login was not recognised by the system, please refer to the other option "Lost login?" to retrieve your login.

You should firstly make sure that you type your login in small letters only (although the system will enforce this). You should eventually retrieve your login using the link "Lost login" provided on the authentification page. Your password can also very quickly be redefined using the link "Lost password". Please note that passwords are case sensitive, are at minimum 6 characters long, and should contain at least a capital letter, a small letter and a digit. As a general security rule, it is recommended to have longer passwords including special characters as well (for example - _ , ; : ! * $)

There are no particular time limits. Once one or several conditions are not fulfilled, a request for cancellation of a CPVR can be sent by a third party, or a cancellation decision can be taken by the Office on its own motion.

An appeal against a decision on a cancellation may be lodged before the Board of Appeal within two months after the publication or service of the decision.

A request for cancellation may be based on several different grounds.

A Community plant variety right is cancelled with effect in futurum (ex nunc effects).

The Office shall cancel the Community plant variety right if it is established that:

a)           The uniformity and stability conditions are no longer complied with. (If it is stablished that they were already no longer complied with from a point in time prior to cancellation, cancellation may be effective as from that juncture).

This case takes, as its point of departure, that the variety has been uniform and stable as from the outset, but after some time no longer complies with these requirements.

The Office may cancel the Community plant variety right if the holder, after being requested to do so, and within a time limit specified by the Office:

b)           Has not provided all the information necessary to assess the continuing existence unaltered of the variety to the Office or to the Examination Office to which technical verification of the variety has been entrusted - obligation pursuant to Article 64.3 of the Basic Regulation.

c)            Does not propose another suitable variety denomination in the case referred to in Article 66 of the Basic Regulation.

d)           Fails to pay such fees as may be payable to keep the Community plant variety right in force.

e)           No longer satisfies the conditions based on nationality and procedural representation (dealing with entitlement) either as the initial holder or as a successor in title as a result of a transfer pursuant to Article 23.

There are no particular time limits. Once one or more conditions are not fulfilled an application for nullity can be filed by a third party, or the nullity can be declared by the Office on its own motion.

An appeal against a nullity decision may be lodged before the Board of Appeal within two months after the publication or service of the decision.

A request for nullity may be based on several different grounds.

Where the Community plant variety right is declared null and void, it shall be deemed not to have had as from the outset, the effects specified in the Regulation 2100/94 (ex tunc effects).

The Office shall declare the Community plant variety right null and void if it is established that:

a) The conditions of uniformity and stability were not complied with at the time of the grant of the right, when the grant of the CPVR   has been essentially based upon information and documents furnished by the applicant; or

b) The conditions of distinctness or novelty were not complied with at the time of the CPVR; or

c) The right has been granted to a person who is not entitled to it, unless it is transferred to the person who is so entitled.

A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the appellant is not domiciled nor it does not have a seat or establishment in the European Union.

The decisions from the General Court may be appealed before the Court of Justice of the EU.

The time limit to file the appeal is two months after the publication or service of the contested decision.

The appeal shall have suspensory effect where it is directed against decisions on nullity, cancellation, objection, refusal or grant of an application, approval or amendment of a variety denomination, fees, costs, the entering or deletion of information in the Register or public inspection.

As far as regards an appeal against compulsory licensing and change in holdership of a CPVR it shall have no suspensory effect.

An appeal shall lie from decisions of the Office which have been taken pursuant to Articles 20 (Nullity), 21 (Cancellation), 59 (Objections), 61 (Refusal of an application), 62 (Grant of an application), 63 (Approval of a variety denominations) and 66 (Amendment of a variety denomination), as well as on decisions related to fees pursuant to Article 83, to costs pursuant to Article 85, to  the entering or deletion of information in the Register pursuant to Article 87 and to the public inspection pursuant to Article 88 of the Regulation No. 2100/94.

An appeal may lie from decisions of the Office pursuant to Articles 29 (Compulsory licensing) and 100 (Change in holdership of CPVR) unless a direct action is brought before the Court of Justice of the EU.

A procedural representative with a seat or establishment within the territory of the European Union is necessary only if the objector is not domiciled nor does it have a seat or establishment in the European Union.

The objection shall be sent in one of the official languages of the European Union.

Objections may be based only on the contention that:

- the conditions of DUS, novelty or entitlement are not complied with (Art. 7 to 11) and/or

- there is an impediment to a proposed variety denomination (Art. 63(3) or (4)

The main effect is that objectors shall be party to the proceedings for grant of CPVR in addition to the applicant, and thus have access to the documents including the results of the technical examination and the variety description.

Any person may lodge with the Office a written objection to the grant of a CPVR.

There is no possibility to change the deadline for payment. All payments must be made at the latest at the due date of a debit note. It should be noted that non-payment of the application fee leads to the application being considered not filed. Non-payment of report fee or examination fee leads to a refusal. Non-payment of an annual fee can lead to a cancellation of a title.

The office can reimburse over-payments as long as the person making the payment sends all the bank details requested. Over-payment may also be deducted from subsequent amounts due.

For applicants applying electronically through MyPVR, all documents are available, printable and downloadable via the MyPVR system. Other applicants should send their request to: cpvobank [at] cpvo.europa.eu (cpvobank[at]cpvo[dot]europa[dot]eu)

It is possible to add your VAT number on notes, please send your detailed request with your VAT number at cpvobank [at] cpvo.europa.eu (cpvobank[at]cpvo[dot]europa[dot]eu)

As with other EU Institutions and Agencies, the CPVO does not have a VAT number. Nor does the CPVO pay of invoice VAT (article 32 of EC-2100/94 CPVO and art. 3, 4 of the Protocol of Privileges and Immunities).

Link to the regulation EC-2100/94: http://cpvo.europa.eu/sites/default/files/documents/en2100consolide.pdf

The Office cannot modify the language of the documents in which the application has been filed. However, the declaration and the extract of register can be issued in most of the languages of the European Union. The certificate on the grant is delivered with a translation in all these languages. For other cases, the CPVO does not translate the documents. The translation is at the requestor’s charge.

Surrenders and withdrawals shall be sent electronically to the Office by e-users via the dedicated module that is available online from the dashboard of the user area ‘MyPVR’. It can also be a duly signed declaration annexed to an e-mail in case of malfunctioning of the user area.

If required, remedying documents shall be uploaded via the menu ‘Documents’ of MyPVR or the Communication Center.

Users who did not opt for the electronic communication with the Office can send their requests for surrenders and withdrawals either as a signed letter attached to an e-mail (to be sent exclusively to the following Office address: cpvo [at] cpvo.europa.eu (cpvo[at]cpvo[dot]europa[dot]eu)) or by post.

Only the holder can surrender their rights. The holder can authorise a representative to surrender by proxy, if so the case the credentials provided to the Office must explicitly refer to an authorisation given to the representative to surrender in the name of the holder. The Office always sends confirmations of surrenders and withdrawals.

There is no possible recall of a surrender or a withdrawal declaration after midnight of the day of the request (CPVO local time).

Applications to the Office and supporting documents shall be filed in one of the official languages of the European Union. The language in which the application is filed initially defines the language of proceedings before the Office. The applicant or titleholder may later ask for the recordal of a different language of proceedings, especially if there’s a transfer of application, right or representative. The certificate of the grant of a right will be issued in the language indicated by the applicant on the application form. Any of the official languages of the European Union may be used by a party to proceedings.

The application is complete ‘R-Form’

Once your application has reached the Office and all requirements according to Art. 50 of Council Regulation 2100/94 are fulfilled, the Office sends an acknowledgement of receipt to the applicant or to the procedural representative giving the date of application and the file number of the application. Please read this form carefully because, even though an application date has been allocated, additional information may be required by the Office, when an ‘R-Form’ with remark(s) has been issued.

The application is not yet valid ‘No-Form’

A ‘No-form’ is issued and sent to the applicant (or to the procedural representative if appointed) when the application does not fulfil the requirements laid down in Art. 50 of Council Regulation 2100/94. All missing information is specified in such a ‘No-Form’. An application date will only be allocated when all deficiencies are remedied within one month from the date of issue of the ‘No-Form’.

The ‘C-Form’

A ‘C-form’ is issued and sent to the applicant when the application fees were received 15 days after the issuance of the ‘R-Form’. The Office informs of the updated application date given as a result of late payment. A ‘C-Form’ can also be sent to update the applicant on the file reception. If, for instance, all, none or part of the remedying information is sent in, the Office issues a C-Form, indicating either that all is now valid and complete or indicating what remains missing.

To file an application for CPVRs, use the online application facilities: https://cpvo.europa.eu/en/applications-and-examinations/filing-application

An application for Community Plant Variety Rights may be filed by any natural or legal person or anybody ranking as a legal person under the law applicable to that body. An application may be filed jointly by two or more such persons.

Applicants who are not domicilied or do not have a seat or an establishment within the territory of the European Union must appoint a representative domiciled or seated or established within the territory of the European Union. Applicants with domicile, seat or establishement in the European Union do not have the obligation to appoint a procedural representative. An employee shall not be designated as a procedural representative. When a procedural representative is appointed, all notifications from the Office shall be addressed to him. The procedural representative form is available on the website. http://cpvo.europa.eu/en/applications-and-examinations/filing-application/filing-paper

The legal representative

Where the applicant is a legal person (e.g. a company) rather than a natural person (an individual), the Office must be informed of the name and address of the natural person who is empowered under the applicable national legislation to represent the legal person.

The original breeder and the entitlement to apply

If the breeder is not the applicant, a deed of assignment must be provided, or a declaration from the employer, if applicable.

The breeder (assignor) must have assigned their rights to the entitlement to apply for CPVRs and to hold CPVRs in the name of the applicant (assignee). No application date will be attributed without supporting evidence as to how the entitlement was transferred from the breeder to the applicant.

Any national authority or international organization responsible for an official register can contribute to the Variety Finder. It contains information on registers of more than 60 countries (EU and NON EU). A memorandum of understanding has been signed with UPOV to share the task of collecting data from EU Member States and non-EU countries and ensure a regular data exchange.

Maintained and developed by the CPVO since 2005, the web-based CPVO Variety Finder database contains information on plant variety registers of more than 60 countries

It contains more than 1 million records.

• A general search tool (Search Varieties) with various search possibility (eg. Denomination, species, country…)
• A tool to test denominations for similarity: you will enter the denomination, select the species and launch the test. The system will compare the entered denomination with relevant records in the database (variety denominations of species belonging to the same class of species).

A variety denomination is suitable, if there is no impediment pursuant to paragraphs 3 or 4 of Article 63 of the Basic Regulation.

A variety denomination should allow identifying your variety. It must be recognizable and reproducible.

A variety denomination should not be precluded by a prior right; it should not give offense or be contrary to public policy. The variety denomination should not be identical or similar to another variety denomination of the same or closely related species and it should not mislead or create confusion as to the characteristics, value or identity of the variety or the identity of the breeder or any party to proceedings. The variety denomination should also not refer to designations that should be kept free under other legislations.

In respect to similarity, please note that the CPVO Variety Finder database offers upon free registration a service to test the similarity of your variety denomination against existing denominations of the same or of a closely related species. For other aspects, please refer to the Guidelines on variety denominations, available on the CPVO website.

In the case of an application for Community Plant Variety Right, the proposed denomination is systematically checked and analysed by the Office before publication. If the proposed denomination is not suitable, the Office will send an observation to the applicant with the request to comment on the findings or to submit a new denomination proposal within one month from the date of our letter. The comments of the applicant will be presented to and discussed by the Committee responsible for the suitability of variety denominations and the outcome (suitable or unsuitable) will be notified to the applicant by letter. The applicant has two months to either propose a new variety denomination, or to comment again.

Please note that the decision to grant a Community Plant variety right and to approve a denomination are taken at the same moment. The lack of a suitable denomination at that time can lead to the rejection of the whole application.

In order to minimize mistakes, please make sure always to inform all authorities with whom plant variety rights have been applied for of any change in the variety denomination of the same variety (one variety, one denomination rule).

A trademark is a distinctive sign that can consists of words, symbols, a slogan, a logo, or a combination thereof that distinguishes trader's goods or services from a competitor's goods or services. A trademark has no limited term of existence as long as the trademark holder continues to use the mark to indicate the source of good and services and pays the renewal fees.

The registration of a trade mark gives the trade mark holder the exclusive right to use the trade mark in the territories where it has been registered. A trademark, trade name or other similar indication may be associated with the denomination for the purposes of marketing or selling, provided that  the denomination must be easily recognizable as such (on documents, packaging, …).

A provisional designation (breeder’s reference) must be submitted at the time of application. Please submit the proposal for a variety denomination together with the application, especially in case of takeover of the DUS examination report. However, if not possible, it may be submitted later. The denomination proposal should be done as soon as possible via the denomination e-module (from the MyPVR dashboard), or alternatively via the ‘Proposal for a variety denomination’ form in case of technical issues in the user area. The denomination should be submitted no later than 5 months before the receipt of the final report of the technical examination, considering the possibility of early delivery of the report and the time required for analysis and publication of the denomination in the CPVO Gazette. Please note that without a suitable denomination at the time of receipt of the final report, it may jeopardise the application and result in its refusal, pursuant Article 29 of Commission Regulation (EC) n° 874/2009. 

It should be remarked that changing a variety denomination before the granting date is free of charge.

A Community Plant Variety Right (“CPVR”) is an intellectual property right designed for new plant varieties. Applicants can either apply for PVR protection at national or European Union level. By a single application for a CPVR, an intellectual property right is granted with unitary effect throughout the whole territory of the EU.

The main steps in applying for Community Plant Variety Protection are found in the notes for applicants: http://cpvo.europa.eu/en/applications-and-examinations 

http://cpvo.europa.eu/en/applications-and-examinations

Once the right is granted, it is valid for a maximum duration of 25 years, or 30 years for vine, trees and potatoes, provided the annual fees are paid.

The breeders are responsible to enforce their rights.

Find out more information on the enforcement of Intellectual Property Rights at: 

https://ec.europa.eu/taxation_customs/business/customs-controls/counterfeit-piracy-other-ipr-violations/defend-your-rights_en

All relevant information can be found here: S2/S3 Publication

https://cpvo.europa.eu/en/applications-and-examinations/technical-examinations