Club de Variedades Vegetales Protegidas (Agriculture and Fisheries - Opinion) French Text [2019] EUECJ C-176/18_O (18 September 2019)

Club de Variedades Vegetales Protegidas (Agriculture and Fisheries - Opinion) French Text [2019] EUECJ C-176/18_O (18 September 2019)

Acts of cultivation and harvesting of fruits from protected plant variety constituents do not fall under acts requiring the holder's authorization under Article 13(2) of Regulation (EC) No 2100/94. The cascade protection system under Article 13(3) does not apply to acts committed during the provisional protection...

Source-derived case information.

Citation
[2019] EUECJ C-176/18_O
Parties
Applicant: Club de Variedades Vegetales Protegidas; Respondent: Adolfo Juan Martínez Sanchís
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion) / Advocate General's Opinion Before the Court of Justice of the European Union
Outcome
Opinion proposes that the Court answer that cultivation and harvesting of fruits from protected varieties do not require authorization under Article 13(2), and acts during provisional protection are not 'unauthorized use' under Article 13(3).
Legal Topics
Community Plant Variety Rights, Protection of Plant Varieties, Interpretation of Regulation (ec) No 2100/94, Scope of Protection for Plant Varieties, Protection Cascade System, Provisional Protection, Unauthorized Use of Variety Constituents
Intellectual Property Agriculture Law European Union Law Community Plant Variety Rights Protection of Plant Varieties Interpretation of Regulation (ec) No 2100/94 Scope of Protection for Plant Varieties Protection Cascade System +2 more

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Parties

Club de Variedades Vegetales Protegidas

Applicant

Adolfo Juan Martínez Sanchís

Respondent

Procedural Posture

Preliminary Reference (opinion) / Advocate General's Opinion Before the Court of Justice of the European Union

  1. 1 Whether acts of cultivation and harvesting of fruits from protected plant varieties require the holder's authorization under Article 13(2) of Regulation (EC) No 2100/94
  2. 2 Whether the cascade protection system applies to all acts concerning harvested material or only to acts after production of the harvested material
  3. 3 Whether acquisition of plants during the provisional protection period constitutes unauthorized use under Article 13(3)

Ratio Decidendi

Acts of cultivation and harvesting of fruits from protected plant variety constituents do not fall under acts requiring the holder's authorization under Article 13(2) of Regulation (EC) No 2100/94. The cascade protection system under Article 13(3) does not apply to acts committed during the provisional protection period, as such acts are not 'unauthorized use' within the meaning of the regulation. Therefore, acquisition and cultivation of plants during the provisional protection period, and subsequent harvesting and sale of fruits, do not require the holder's authorization and are not subject to the cascade protection after the grant of protection.

Court Disposition

Opinion proposes that the Court answer that cultivation and harvesting of fruits from protected varieties do not require authorization under Article 13(2), and acts during provisional protection are not 'unauthorized use' under Article 13(3).