Angers, February 8 – By decision of the President of the CPVO, the invoicing procedure for the DUS report take-over will be from now on triggered by the actual receipt of the final report from a national authority/examination office (EO) by the CPVO, be the report positive or negative.
Background: Prior to the decision and according to the established procedure, CPVR applicants are invoiced for the DUS report take-overs as soon as their CPVR applications are filed. In 2020, CIOPORA asked CPVO to consider changing the invoicing procedure. As reported by CIOPORA members, in some cases it had led to fee payments where, for various reasons, no DUS report was issued by an EO. In a letter to CPVO from April 2020, CIOPORA pointed out that it would provide relief to applicants if the DUS take-over fee is billed once the final DUS reports are in fact issued by EOs.
The new procedure: An applicant will be invoiced by the CPVO for the DUS report take-over upon the report delivery by an EO, be the report positive or negative. The procedure applies to DUS report take-overs from the entrusted EOs in the EU member states. The decision will come into force on March 2021 and shall apply to take-over reports requested from CPVO’s examination offices on or after that date. Until then, the present rule still applies, and the take-over fee is due to be paid upfront. Notwithstanding the change in the invoicing date for the take-over fee, its payment remains a condition for the grant of a CPVR and delays in payment will inevitably delay the granting process. Non-payments shall ultimately result in a refusal of the application. Where a national application is withdrawn before the DUS report is issued or where no report is provided by an EO, CPVO will organise a technical examination and the applicant will be invoiced the CPVO DUS examination fee.
The decision was introduced as an additional COVID-19 relief measure to provide applicants with the delay in DUS take-over payment, thereby alleviating pressures on their cash flow. CIOPORA and its breeder community appreciate CPVO introducing this adjustment to the invoicing procedure.