EU: CPVR Review Possible in Medium Term, Longer Protection for Selected Crops Underway

Background: In August 2020, 20 CIOPORA members and five breeder association submitted comments to the public consultation on the EU IP Roadmap, requesting that the Commission includes CPVR into its IP Action Plan. On August 24, a joint letter by AIPH, CIOPORA, Euroseeds and Plantum was sent to the DG SANTE as a part of the breeder associations' advocacy action for improvement of CPVR. Read the press release.

Brussels/Hamburg, October 28 – In response to the joint letter addressed to the DG SANTE by AIPH, CIOPORA, Euroseeds and Plantum, the Commission informed the associations that their concerns with non-inclusion of CPVR in the EU IP Roadmap as well as input provided in the course of the public consultation in August 2020 have been noted. Hence, the Commission intents to make it more evident that CPVR is also covered by the EU IP Action Plan.

Picture: Daniel Dumbrava, Unsplash.com 

While at present the aim of the Commission is limited to monitoring the proper application of the CPVR system and seeking further improvements, the authority is aware of the recently identified shortcomings that need to be addressed (such as resulting from the CJEU Decision in the Nadorcott case and emphasized in the joint letter). In this regard, a targeted revision of the EC Regulation No. 2100/94 is currently feasible only in the medium term due to the budgetary restrictions and other legislative priorities. In respect of the Nadorcott case and its consequences for breeders, the Commission pointed out that to follow-up on the result of the case, the UPOV Office will soon consult members to provide guidance on the term “unauthorised use of propagating material”, including trees. For this purpose, the UPOV CAJ decided to hold a seminar in the first half of 2021. On the issue of protection duration raised by the associations in the letter, the Commission stated that a proposal is in preparation to extend the duration for certain species of woody crops, flower bulb species and asparagus from 25 to 30 years. The intention is to present the proposal to the Council by the end of the year.