IP case law Court of Justice

Referral C-176/18 (Club de Variedades Vegetales Protegidas, 7 Mar 2018)



When a farmer has purchased some plants belonging to a plant variety from a nursery (establishment owned by a third party) and planted them before the grant of the variety right has come into effect, in order for the subsequent activity of that farmer of collecting the successive harvests to be covered by the ius prohibendi in Article 13(2) of Regulation (EC) No 2100/94, 1 must the requirements under Article 13(3) be satisfied for Article 13(2) to be interpreted as relating to harvested material? Or must Article 13(2) be interpreted as meaning that the activity of harvesting is an act of production or reproduction of the variety which results in




Case details on the CJEU website (external link)


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