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Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (recast) (revoked)

EU Regulation No 874/2009 · Adopted 17 September 2009 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EC) No 874/2009

of 17 September 2009

establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office

(recast) (revoked)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations to the whole text

Textual amendments

F1

Regulation revoked (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), reg. 1(1), Sch.; 2020 c. 1, Sch. 5 para. 1(1)

Contents

  1. Title I: PARTIES TO PROCEEDINGS, OFFICE AND EXAMINATION OFFICES Repealed
  2. Chapter I: Parties to proceedings Repealed
  3. 1Parties to proceedings Repealed
  4. 2Designation of parties to proceedings Repealed
  5. 3Languages of parties to proceedings Repealed
  6. 4Languages in oral proceedings and in the taking of evidence Repealed
  7. 5Translation of documents of parties to proceedings Repealed
  8. Chapter II: The Office Repealed
  9. Committees of the Office Repealed
  10. 6Qualification of members of the Committees Repealed
  11. 7Decisions of the Committee Repealed
  12. 8Power of individual members of the Committees Repealed
  13. 9Role of the President Repealed
  14. 10Consultations Repealed
  15. Boards of Appeal Repealed
  16. 11Boards of Appeal Repealed
  17. 12Registry attached to a Board of Appeal Repealed
  18. Chapter III: Examination Offices Repealed
  19. 13Designation of an Examination Office referred to in Article 55(1) of the basic Regulation Repealed
  20. 14Designation of an agency or establishment of a sub-office referred to in Article 55(2) of the basic Regulation Repealed
  21. 15Procedure for designation Repealed
  22. Title II: SPECIFIC PROCEEDINGS BEFORE THE OFFICE Repealed
  23. Chapter I: Application for a Community plant variety right Repealed
  24. Actions of the applicant Repealed
  25. 16Filing of the application Repealed
  26. 17Receipt of the application Repealed
  27. 18Conditions laid down in Article 50(1) of the basic Regulation Repealed
  28. 19Conditions referred to in Article 50(2) of the basic Regulation Repealed
  29. 20Claiming priority Repealed
  30. 21Entitlement to a Community plant variety right during proceedings Repealed
  31. Conduct of the technical examination Repealed
  32. 22Decision on test guidelines Repealed
  33. 23Powers vested in the President of the Office Repealed
  34. 24Notification by the Office of the Examination Office Repealed
  35. 25Cooperation between the Office and the Examination Office Repealed
  36. 26Form of the examination reports Repealed
  37. 27Other examination reports Repealed
  38. Variety denomination Repealed
  39. 28Proposal for a variety denomination Repealed
  40. 29Examination of a proposal Repealed
  41. 30Guidelines for variety denomination Repealed
  42. Chapter II: Objection Repealed
  43. 31Filing of objections Repealed
  44. 32Rejection of objections Repealed
  45. Chapter III: Maintenance of Community plant variety rights Repealed
  46. 33Obligations of the holder under Article 64(3) of the basic Regulation Repealed
  47. 34Technical verification of the protected variety Repealed
  48. 35Other material to be used for a technical verification Repealed
  49. 36Amendments of the variety denominations Repealed
  50. Chapter IV: Community licences to be granted by the Office Repealed
  51. Compulsory licences pursuant to Article 29 of the basic Regulation Repealed
  52. 37Applications for a compulsory licence Repealed
  53. 38Examination of the application for a compulsory licence Repealed
  54. 39Tenure of a Community plant variety right during the proceedings Repealed
  55. 40Contents of the decision on the application Repealed
  56. 41Grant of a compulsory licence Repealed
  57. 42Conditions pertaining to the person to whom a compulsory licence is granted Repealed
  58. 43Category of persons satisfying specific requirements pursuant to Article 29(2) of the basic Regulation Repealed
  59. Exploitation rights pursuant to Article 100(2) of the basic Regulation Repealed
  60. 44Exploitation rights pursuant to Article 100(2) of the basic Regulation Repealed
  61. Title III: PROCEEDINGS BEFORE THE BOARD OF APPEAL Repealed
  62. 45Contents of the notice of appeal Repealed
  63. 46Receipt of the notice of appeal Repealed
  64. 47Participation as a party to the appeal proceedings Repealed
  65. 48Role of the Office Repealed
  66. 49Rejection of the appeal as inadmissible Repealed
  67. 50Oral proceedings Repealed
  68. 51Examination of appeals Repealed
  69. 51aSeveral appeals Repealed
  70. 52Decision on the appeal Repealed
  71. Title IV: GENERAL PROVISIONS RELATING TO PROCEEDINGS Repealed
  72. Chapter I: Decisions, communications and documents Repealed
  73. 53Decisions Repealed
  74. 53aProceedings for nullity and cancellation Repealed
  75. 54Certificate for a Community plant variety right Repealed
  76. 55Communications Repealed
  77. 56Right of audience Repealed
  78. 57Documents filed by parties to proceedings Repealed
  79. 58Documentary evidence Repealed
  80. Chapter II: Oral proceedings and taking of evidence Repealed
  81. 59Summons to oral proceedings Repealed
  82. 60Taking of evidence by the Office Repealed
  83. 61Commissioning of experts Repealed
  84. 62Costs of taking evidence Repealed
  85. 63Minutes of oral proceedings and of taking of evidence Repealed
  86. Chapter III: Service Repealed
  87. 64General provisions on service Repealed
  88. 64aService by electronic means or other technical means Repealed
  89. 65Service by post Repealed
  90. 66Service by hand delivery Repealed
  91. 66aService to procedural representatives Repealed
  92. 67Public notice Repealed
  93. 68Irregularities in service Repealed
  94. Chapter IV: Time limits and interruption of proceedings Repealed
  95. 69Computation of time limits Repealed
  96. 70Duration of time limits Repealed
  97. 71Extension of time limits Repealed
  98. 72Interruption of proceedings Repealed
  99. Chapter V: Procedural representatives Repealed
  100. 73Designation of a procedural representative Repealed
  101. 74Credentials of procedural representatives Repealed
  102. Chapter VI: Apportionment and determination of costs Repealed
  103. 75Awards of costs Repealed
  104. 76Determination of costs Repealed
  105. 77Settlement of costs Repealed
  106. Title V: INFORMATION GIVEN TO THE PUBLIC Repealed
  107. Chapter I: Registers, public inspection and publications Repealed
  108. The Registers Repealed
  109. 78Entries related to proceedings and to Community plant variety rights, to be entered in the Registers Repealed
  110. 79Entry of transfer of a Community plant variety right Repealed
  111. 80Conditions for entries in the Registers Repealed
  112. 81Conditions for specific entries in the Registers Repealed
  113. 82Public inspection of the Registers Repealed
  114. Keeping of documents, public inspection of documents and varieties grown Repealed
  115. 83Keeping of the files Repealed
  116. 84Access to documents held by the Office Repealed
  117. 85Inspection of the growing of the varieties Repealed
  118. 86Confidential information Repealed
  119. Publications Repealed
  120. 87Official Gazette Repealed
  121. 88Publication of applications for exploitation rights to be granted by the Office and decisions thereon Repealed
  122. 89Publication of appeals and decisions thereon Repealed
  123. Chapter II: Administrative and legal cooperation Repealed
  124. 90Communication of information Repealed
  125. 91Inspection by or via courts or public prosecutors’ offices of the Member States Repealed
  126. 92Procedure for letters rogatory Repealed
  127. Title VI: FINAL PROVISIONS Repealed
  128. 93Article 93 Repealed
  129. 94Entry into force Repealed
  130. Signature
  131. Annex I Repealed
  132. 1The compensation payable to witnesses and experts in respect of travel and subsistence expenses provided for in Article 62(2) shall be calculated as follows: Repealed
  133. 2The compensation payable to witnesses in respect of loss of earnings provided for in Article 62(3) shall be calculated as follows: Repealed
  134. 3Division 3 Repealed
  135. 4Division 4 Repealed
  136. 5The remuneration of an agent, adviser or advocate acting as a representative of a party to proceedings as provided for in Article 76(3) and Article 76(4)(c) shall be borne by the other party to proceedings on the basis of the following maximum rates: Repealed
  137. Annex IIAnnex II Repealed
  138. Annex IIIAnnex III Repealed