PLANT VARIETY RIGHTS

PLANT VARIETY RIGHTS

A special element in Vondst’s practice is our work for businesses specialized in breeding or exploiting plant material in the horticultural, fruit growing and seed industries. Vondst advises businesses in these sectors about the possibilities available to protect the products they have developed and their breeding and horticultural methods, and about licensing and other types of exploitation agreements.

Vondst does not assist in the filing of applications for plant variety rights, but if an application is refused by the relevant authority or third parties file opposition, we do assist our clients in proceedings before the Netherlands Board for Plant Varieties, the Board of Appeal of the Community Plant Variety Office and, if necessary, higher European tribunals. In addition, we frequently litigate on a broad range of disputes that businesses in these industries may face from time to time. Our litigation experience ranges from disputes regarding the validity of plant variety rights, performance of licensing agreements and the quality of plant material deliveries to infringements of plant variety rights, for example disputes about essentially derived varieties (EDVs), seizures or other proceedings to prohibit illegal propagation or trade, or actions aimed at preventing the importation of illegal material on the basis of the European Anti-Piracy Regulation.