Commission Regulation (EC) No 874/2009Show full title

1. Introductory Text

2. TITLE I PARTIES TO PROCEEDINGS, OFFICE AND EXAMINATION OFFICES

   1. CHAPTER I Parties to proceedings

      1. Article 1. Parties to proceedings

      2. Article 2. Designation of parties to proceedings

      3. Article 3. Languages of parties to proceedings

      4. Article 4. Languages in oral proceedings and in the taking of evidence

      5. Article 5. Translation of documents of parties to proceedings

   2. CHAPTER II The Office

      1. Section 1 Committees of the Office

         1. Article 6. Qualification of members of the Committees

         2. Article 7. Decisions of the Committee

         3. Article 8. Power of individual members of the Committees

         4. Article 9. Role of the President

         5. Article 10. Consultations

      2. Section 2 Boards of Appeal

         1. Article 11. Boards of Appeal

         2. Article 12. Registry attached to a Board of Appeal

   3. CHAPTER III Examination Offices

      1. Article 13. Designation of an Examination Office referred to in Article 55(1) of the basic Regulation

      2. Article 14. Designation of an agency or establishment of a sub-office referred to in Article 55(2) of the basic Regulation

      3. Article 15. Procedure for designation

3. TITLE II SPECIFIC PROCEEDINGS BEFORE THE OFFICE

   1. CHAPTER I Application for a Community plant variety right

      1. Section 1 Actions of the applicant

         1. Article 16. Filing of the application

         2. Article 17. Receipt of the application

         3. Article 18. Conditions laid down in Article 50(1) of the basic Regulation

         4. Article 19. Conditions referred to in Article 50(2) of the basic Regulation

         5. Article 20. Claiming priority

         6. Article 21. Entitlement to a Community plant variety right during proceedings

      2. Section 2 Conduct of the technical examination

         1. Article 22. Decision on test guidelines

         2. Article 23. Powers vested in the President of the Office

         3. Article 24. Notification by the Office of the Examination Office

         4. Article 25. Cooperation between the Office and the Examination Office

         5. Article 26. Form of the examination reports

         6. Article 27. Other examination reports

      3. Section 3 Variety denomination

         1. Article 28. Proposal for a variety denomination

         2. Article 29. Examination of a proposal

         3. Article 30. Guidelines for variety denomination

   2. CHAPTER II Objection

      1. Article 31. Filing of objections

      2. Article 32. Rejection of objections

   3. CHAPTER III Maintenance of Community plant variety rights

      1. Article 33. Obligations of the holder under Article 64(3) of the basic Regulation

      2. Article 34. Technical verification of the protected variety

      3. Article 35. Other material to be used for a technical verification

      4. Article 36. Amendments of the variety denominations

   4. CHAPTER IV Community licences to be granted by the Office

      1. Section 1 Compulsory licences pursuant to Article 29 of the basic Regulation

         1. Article 37. Applications for a compulsory licence

         2. Article 38. Examination of the application for a compulsory licence

         3. Article 39. Tenure of a Community plant variety right during the proceedings

         4. Article 40. Contents of the decision on the application

         5. Article 41. Grant of a compulsory licence

         6. Article 42. Conditions pertaining to the person to whom a compulsory licence is granted

         7. Article 43. Category of persons satisfying specific requirements pursuant to Article 29(2) of the basic Regulation

      2. Section 2 Exploitation rights pursuant to Article 100(2) of the basic Regulation

         1. Article 44. Exploitation rights pursuant to Article 100(2) of the basic Regulation

4. TITLE III PROCEEDINGS BEFORE THE BOARD OF APPEAL

   1. Article 45. Contents of the notice of appeal

   2. Article 46. Receipt of the notice of appeal

   3. Article 47. Participation as a party to the appeal proceedings

   4. Article 48. Role of the Office

   5. Article 49. Rejection of the appeal as inadmissible

   6. Article 50. Oral proceedings

   7. Article 51. Examination of appeals

   8. Article 51a. Several appeals

   9. Article 52. Decision on the appeal

5. TITLE IV GENERAL PROVISIONS RELATING TO PROCEEDINGS

   1. CHAPTER I Decisions, communications and documents

      1. Article 53. Decisions

      2. Article 53a. Proceedings for nullity and cancellation

      3. Article 54. Certificate for a Community plant variety right

      4. Article 55. Communications

      5. Article 56. Right of audience

      6. Article 57. Documents filed by parties to proceedings

      7. Article 58. Documentary evidence

   2. CHAPTER II Oral proceedings and taking of evidence

      1. Article 59. Summons to oral proceedings

      2. Article 60. Taking of evidence by the Office

      3. Article 61. Commissioning of experts

      4. Article 62. Costs of taking evidence

      5. Article 63. Minutes of oral proceedings and of taking of evidence

   3. CHAPTER III Service

      1. Article 64. General provisions on service

      2. Article 64a. Service by electronic means or other technical means

      3. Article 65. Service by post

      4. Article 66. Service by hand delivery

      5. Article 66a. Service to procedural representatives

      6. Article 67. Public notice

      7. Article 68. Irregularities in service

   4. CHAPTER IV Time limits and interruption of proceedings

      1. Article 69. Computation of time limits

      2. Article 70. Duration of time limits

      3. Article 71. Extension of time limits

      4. Article 72. Interruption of proceedings

   5. CHAPTER V Procedural representatives

      1. Article 73. Designation of a procedural representative

      2. Article 74. Credentials of procedural representatives

   6. CHAPTER VI Apportionment and determination of costs

      1. Article 75. Awards of costs

      2. Article 76. Determination of costs

      3. Article 77. Settlement of costs

6. TITLE V INFORMATION GIVEN TO THE PUBLIC

   1. CHAPTER I Registers, public inspection and publications

      1. Section 1 The Registers

         1. Article 78. Entries related to proceedings and to Community plant variety rights, to be entered in the Registers

         2. Article 79. Entry of transfer of a Community plant variety right

         3. Article 80. Conditions for entries in the Registers

         4. Article 81. Conditions for specific entries in the Registers

         5. Article 82. Public inspection of the Registers

      2. Section 2 Keeping of documents, public inspection of documents and varieties grown

         1. Article 83. Keeping of the files

         2. Article 84. Access to documents held by the Office

         3. Article 85. Inspection of the growing of the varieties

         4. Article 86. Confidential information

      3. Section 3 Publications

         1. Article 87. Official Gazette

         2. Article 88. Publication of applications for exploitation rights to be granted by the Office and decisions thereon

         3. Article 89. Publication of appeals and decisions thereon

   2. CHAPTER II Administrative and legal cooperation

      1. Article 90. Communication of information

      2. Article 91. Inspection by or via courts or public prosecutors’ offices of the Member States

      3. Article 92. Procedure for letters rogatory

7. TITLE VI FINAL PROVISIONS

   1. Article 93. Regulation (EC) No 1239/95 is repealed. References to the repealed...

   2. Article 94. Entry into force

8. Signature

9. 1. ANNEX I

      1. 1. The compensation payable to witnesses and experts in respect of...

      2. 2. The compensation payable to witnesses in respect of loss of...

      3. 3. The fees payable to experts provided for in Article 62(3)...

      4. 4. Payments to witnesses or experts for loss of earnings or...

      5. 5. The remuneration of an agent, adviser or advocate acting as...

   2. ANNEX II

   3. ANNEX III