Rights Granted

Abstract

This chapter deals with the scope of protection once the material and formal conditions for the granting of Community plant variety rights have been granted. It discusses the scope of rights, the limitation of rights, and the duration and termination of rights. It also highlights the acts to which only the holder of the Community plant variety right is entitled, and the products obtained directly from harvested material. This chapter highlights essentially derived varieties and explains the use of variety denominations, as the holder of the plant variety right is entitled to take action in court against persons who omit the correct usage of such denominations. It talks about the Community plant variety rights that are granted after accession of new Member States to the European Union, which are applied throughout the territories of both the new and old Member States.