Abstract

This chapter looks at Part VI of the Basic Regulation that deals with civil law claims against infringements of Community plant variety rights and jurisdiction in Articles 94 to 107. It reviews Article 94 of the Basic Regulation that determines the infringing activities and the conditions under which infringement and compensation claims are given. It also analyses Article 97 that outlines the applicable law for claims regarding any gains the infringer may have made at the expense of the owner of the infringed rights. This chapter describes Community plant variety rights that have uniform effect within the territory of the Community, which can be partially guaranteed by the Basic Regulation. It explains how the application and registration proceedings result in a right that is the same throughout the EU.

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