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European Intellectual Property Law

European Intellectual Property Law (2nd edn)

Justine Pila and Paul Torremans
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date: 27 May 2024

p. 1999. Plant Variety Rights and Supplementary Protection Certificateslocked

p. 1999. Plant Variety Rights and Supplementary Protection Certificateslocked

  • Justine PilaJustine PilaFellow and Senior Law Tutor of St Catherine’s College, Oxford; Research Fellow of the Institute of European and Comparative Law, Faculty of Law, University of Oxford
  •  and Paul L.C. TorremansPaul L.C. TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter completes the discussion of European patent and related rights by examining the European systems governing the grant of plant variety rights (PVRs) and supplementary protection certificates (SPCs) respectively. Plant variety rights are sui generis rights conferred on application to breeders of certain strains of plant material. In Europe there exist national and Community PVR systems, all of which confer exclusive rights to prevent the commercial exploitation of previously non-commercialized varieties for a limited period within the territory of the relevant state and EU respectively. The SPC system governs the grant of domestic rights conferring follow-on protection for patented medicinal and plant protection products the commercialization of which has been delayed by the need to satisfy regulatory approval requirements.

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