Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights
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Change 1
Article 87 Establishment of the Registers
1. The Office shall keep a Register of Applications for Community Plant Variety Rights which shall contain the following particulars: (a) applications for a Community plant variety right together with a statement of the taxon and the provisional designation of the variety, the date of application and the name and address of the applicant, of the breeder and of any procedural representative concerned; (b) any cases of termination of proceedings concerning applications for a Community plant variety right together with the information set out in subparagraph (a); (c) proposals for variety denominations; (d) changes in the identity of the applicant or his procedural representative; (e) on request, any levy of execution as referred to in Articles 24 and 26. 2. The Office shall keep a Register of Community Plant Variety Rights wherein, after grant of a Community plant variety right, the following particulars shall be entered: (a) the species and variety denomination of the variety; (b) the official description of the variety or a reference to documents in the Office's possession in which the official description of the variety is contained as integrating part of the Register; (c) in the case of varieties for which material with specific components has to be used repeatedly for the production of material, a reference to such components; (d) the name and address of the holder, of the breeder and of any procedural representative concerned; (e) the date on which the Community plant variety right begins and ends, together with the reasons for the termination of right; (f) on request, any contractual exclusive exploitation right or compulsory exploitation right, including the name and address of the person enjoying the right of exploitation; (g) on request, any levy of execution as referred to in Article 24; (h) where the holder of an initial variety and the breeder of a variety essentially derived from the initial variety both so request, the identification of the varieties as initial and essentially derived including the variety denominations and the names of the parties concerned. A request from one of the parties concerned only shall suffice if he has obtained either a non-contentious acknowledgement by the other party pursuant to Article 99 or a final decision or a final judgment pursuant to the provisions of this Regulation which contain an identification of the varieties concerned as initial and essentially derived. 3. Any other particular or any condition for the entering in both Registers may be specified in the implementing rules pursuant to Article 114. 4. The Office may of its own motion and upon consultation with the holder adapt the official variety description in respect of the number and type of characteristics or of the specified expressions of those characteristics, when necessary, in the light of the current principles governing the description of varieties of the taxon concerned, in order to render the description of the variety comparable with the descriptions of other varieties of the taxon concerned.
Article 87 Establishment of the Registers
1. The Office shall keep a Register of Applications for Community Plant Variety Rights which shall contain the following particulars: (a) applications for a Community plant variety right together with a statement of the taxon and the provisional designation of the variety, the date of application and the name and address of the applicant, of the breeder and of any procedural representative concerned; (b) any cases of termination of proceedings concerning applications for a Community plant variety right together with the information set out in subparagraph (a); (c) proposals for variety denominations; (d) changes in the identity of the applicant or his procedural representative; (e) on request, any levy of execution as referred to in Articles 24 and 26. 2. The Office shall keep a Register of Community Plant Variety Rights wherein, after grant of a Community plant variety right, the following particulars shall be entered: (a) the species and variety denomination of the variety; (b) the official description of the variety or a reference to documents in the Office's possession in which the official description of the variety is contained as integrating part of the Register; (c) in the case of varieties for which material with specific components has to be used repeatedly for the production of material, a reference to such components; (d) the name and address of the holder, of the breeder and of any procedural representative concerned; (e) the date on which the Community plant variety right begins and ends, together with the reasons for the termination of right; (f) on request, any contractual exclusive exploitation right or compulsory exploitation right, including the name and address of the person enjoying the right of exploitation; (g) on request, any levy of execution as referred to in Article 24; (h) where the holder of an initial variety and the breeder of a variety essentially derived from the initial variety both so request, the identification of the varieties as initial and essentially derived including the variety denominations and the names of the parties concerned. A request from one of the parties concerned only shall suffice if he has obtained either a non-contentious acknowledgement by the other party pursuant to Article 99 or a final decision or a final judgment pursuant to the provisions of this Regulation which contain an identification of the varieties concerned as initial and essentially derived. 3. Any other particular or any condition for the entering in both Registers may be specified in the implementing rules pursuant to Article 114. 4. The Office may of its own motion and upon consultation with the holder adapt the official variety description in respect of the number and type of characteristics or of the specified expressions of those characteristics, when necessary, in the light of the current principles governing the description of varieties of the taxon concerned, in order to render the description of the variety comparable with the descriptions of other varieties of the taxon concerned.
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