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March 17, 2020

In many areas, CIOPORA relies on its members' pro bono activity on behalf of the association.

We are pleased to present the latest appointments:

Ingrid Slangen (Selecta One, Germany) has been confirmed by the CIOPORA Board as the CIOPORA representative at the EU/CPVO. As of 2020, Ingrid will represent CIOPORA at the CPVO Administrative Council, CPVO Examination Offices Meeting and the bilateral meetings with CPVO. For many years, these pro bono responsibility has been carried out by Dominique Thévenon (AIGN/AOHE). Ingrid will also continue as the Chair of the Crop Section Cut Flowers. The CIOPOR...

March 17, 2020

February 19, Warsaw - Polish President has signed into law an Act amending the 1964 Code of Civil Procedure and some other laws i.a. establishing specialized courts on Intellectual Property matters.

Giving a broad definition of "Intellectual Property case", the amendment provides that such cases will now be tried exclusively in four first instance courts located in Warsaw, Posen, Gdansk, and Lublin, and two appeal courts. The IP Court in Warsaw will have a special role having exclusive jurisdiction for the most complex cases, including PBR.

The amendment also introduces mandatory legal represent...

March 12, 2020

March 12, Hamburg – Due to the worldwide COVID-19 outbreak and related risks, CIOPORA has announced the cancellation of its Annual General Meeting Week 2020 in Marrakesh, Morocco.

Addressing CIOPORA members and guests in an official statement released on March 12, CIOPORA President Steven Hutton wrote: “Although we are announcing the cancellation with great disappointment, we strongly believe that it is the only reasonable decision in the present situation. Above all, your safety and health are CIOPORA’s main priorities.”

Because the epidemiological situation is changing swiftly, CIOPORA will no...

March 2, 2020

January 13, Milan - The Court of Milan has ruled in favour of the plaintiff Meilland International, represented by the law firm Studio Legale Gamba Associato, in a case against a grower from the Como area, Italy.
The case was initiated after discovering several thousands of unauthorized plants of the varieties Radrazz and Meigadraz (marketed under the KNOCK OUT® Trademark) at the defendant's premises.

The Court confirmed the full exclusivity of the titleholder's rights both in respect of the plant varieties and the Trademark, pointing out that the exhaustion of such rights can only take plac...

January 31, 2020

Photo by Habib Ayoade on Unsplash

*Please note the update in the CIOPORA Breeders' Guide to Brexit on 31.01.2020
Download the CIOPORA Breeders' Guide to Brexit (member area)

Many events have occurred in the Brexit process since our last report published on March 14, 2019. Neither did the UK leave the EU on March 31 nor April 12, May 22, or October 31, 2019. In fact, the UK has not left the EU yet. However, the UK and the EU did reach a new agreement in principle on October 19, 2019.

According to the new Withdrawal Agreement, the UK is due to leave the EU by January 31, 2020, if both the UK and th...

January 21, 2020

January 6 - USDA has announced the publication of the Plant Variety Protection (PVP) Regulations final rule in the U.S. Federal Register on January 6, 2020. The final rule implements the 2018 Farm Bill amendment to add PVP protection for asexually reproduced plants. Effective immediately, PVPO accepts applications for asexually reproduced plants.

As requested by CIOPORA and AmericanHort, the rule's requirement as to the costly germplasm deposits in asexually reproduced plant varieties was delayed for three years to determine feasibility of long-term storage of these species.

You can find the fin...

January 21, 2020

Brussels, January 8 – The European Commission has published a new version of its Report on the protection and enforcement of intellectual property rights in third countries. The report flags third countries in which “the state of IPR protection and enforcement (both online and offline) gives rises to the greatest level of concern”.

For the first time, the 2020 edition dedicated a separate Annex to the protection and enforcement of Plant Varieties Rights. Largely based on the input submitted to the EU Commission by CIOPORA in 2019, the annex showcases country-specific analyses of PVP in Argentin...

January 6, 2020

Hainan, December 18-19 – Alanna Rennie represented CIOPORA at the Fifth Forum on Forest Genetic Resources and Ecological Construction in Hainan, China, hosted by China's National Academy of Forestry and National Laboratory of Forestry Genetics Breeding. With over 350 participants, mostly Chinese plant breeders, and some high-level officials in attendance, the Forum presented a perfect opportunity to reach out to the Chinese target audience, both promoting CIOPORA membership and educating on Plant Variety Protection.
Ms Rennie delivered a presentation on the differences between China's PVR sy...

The Supreme People’s Court of China has handed down its decision in the highly anticipated San Hong Pomelo Plant Variety Rights Infringement Case – providing significant clarification on the scope of Plant Variety Rights in China.

December 11, Beijing - The Supreme People’s Court handed down its decision on the Plant Variety Rights (PVR) infringement case of Cai Xin Guang (Appellant) vs. Guangzhou Runping Company Limited. Appellant is the holder of PVR in the pomelo variety San Hong (三红蜜柚 variety). The Appellant claimed that sales of the San Hong pomelo fruit in supermarkets infringed its PVR,...

December 16, 2019

Ragusa, November 20 – The Court of Ragusa sentenced an Italian grower, accused of the illegal propagation of a registered tomato variety, to one-year imprisonment and a fine of EUR 15,000 under the Article 517ter. of the Italian Criminal Code “Manufacturing and sale of goods infringing the industrial property rights”. The Court also ordered the defendant to pay damages of EUR 70,000 to the parties involved plus EUR 16,000 of legal fees.

The case was initiated by the CIOPORA lawyer member Nicola Novaro on behalf of the Anti-Infringement Bureau for Intellectual Property Rights (AIB) followed by...

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