Hamburg, April 7 - According to Article 107 of the Council Regulation (EC) No 2100/94 on Community Plant Variety Rights (the “Basic Regulation”), the EU Member States "(...) shall take all appropriate measures to ensure that the same provisions are made applicable to penalize infringements of Community plant variety rights as apply in the matter of infringements of corresponding national rights”.
According to the Polish PBR law (Article 37), criminal proceedings and penalties are only applicable in case of infringements of Polish PBR titles. This is a case of non-compliance of the Polish PBR law with the CPVR regulation. CIOPORA has asked the EU Commission to scrutinize the case.
Download the CIOPORA letter to the EU Commission.
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