UPDATED! Prolonged Term of CPVR Protection: Identify Genera and Species that Qualify
The Community Plant Variety Office has published guidance on how to identify genera and species that qualify for up to 30 years of CPVR protection under the EU Regulation 2021/1873. For this purpose, all genera and species that so far have been filed with the CPVO - currently, a list of 2,383 genera and species (19. January 2022) - are assigned Category A, B or C in the CPVO’S S2/S3 publication. To check the category that applies to your species:
Check out our infographic* with detailed explanations of the Categories and how to find them (*CORRECTED VERSION - please note that the period of grace is indicated for commercialization outside the EU):
1. Open the S2/S3 publication.
2. To check a particular genus/species: in the Species field, start typing the species name and choose from the drop-down list:
3. Alternatively, to download the entire list, conduct a generic search by leaving the species field empty and initiation the search. The application will load the entire genera/species list. To download the list in excel format, click on “Download Excel” in the upper left corner above the shown list.
4. In the online search result – click on the question mark sign “?” in the “Category” column header. A pop-up list with explanations for each category will appear. In the pop-up, find the period of grace and the duration of the CPVR protection that apply to each category.
5. In the excel export, add a filter function to column headers: select the header row and activate the filter function for the entire row. Then, filter by category in the “Category” column:
All genera and species are assigned the following categories:
Genera and species of Category A are trees and vine species in the sense of Articles 10 (1)(b) and 19 (1) of Council Regulation (EC) 2100/94. A period of grace of one year inside the EU and six years outside of the EU applies to this Category. Such species enjoy a 30-year period of CPVR protection without any deduction of periods of protection in another country prior to the grant of the CPVR.
Asparagus officinalis L., potatoes, small woody fruit crops, ornamental flower bulbs, woody ornamentals are assigned to Category B. These are genera or species for which the Council has provided for an extended period of protection pursuant to Article 19 (2) of Council Regulation (EC) 2100/94. A four-year period of grace for novelty applies to this category outside the EU. The Category B genera and plants can be protected for up to 30 years under the CPVR regime with deduction of the longest period of national protections in an EU Member state prior to the grant of the Community plant variety right. The deduction shall be made in full years for a maximum period of five years.
Category C is assigned to all genera and species that do not fall under Categories A and B. A four-year period of grace outside the EU and the standard 25-year term of CPVR protection applies to this Category.
Some genera include species belonging to more than one of the Categories. In this case, the Category column may display a combination of categories, such as “A or B”, “A or B or C” and “B or C”. For applications filed under such genera, the concrete species concerned will determine the Category. The list currently contains one species with pending categorization signified by “*” in the Category column (Salvia guaranitica A. St.-Hil. ex Benth. x Salvia splendens Sellow ex Schult).
For any new species that have not been previously filed at the CPVO, the categorization will follow on a case-by-case basis.