According to the European Council Regulation, Member States are required to make any national penal provisions applicable to infringements of both national and Community PVR. While the Polish Plant Breeder’s Rights Act provides penal consequences for violation of national PVR, on CIOPORA’s reading, it does not apply the same penal consequences to infringement of Community PVR.
After discovering this inconsistency, CIOPORA’s Secretary General submitted an official request to the Director General of the Polish Plant Variety Protection Office to seek clarification.