European Unioin
January 20, 2020
Update 16/01/2020: Important note to UK applicants and procedural representatives
Further to our notice dated 23/01/2018, the CPVO would like to remind you of the obligation to appoint a procedural representative in compliance with Article 82 of Council Regulation (EC) No 2100/94.
According to this article, persons who are not domiciled or do not have a seat or an establishment within the EU territory may participate as party to proceedings before the Office only if they have designated a procedural representative who is domiciled or has his seat or an establishment within the EU territory.
As of the Brexit date (31/01/2020 at midnight), the United Kingdom will become a third country and entries of procedural representatives in the Register of applications for Community Plant Variety Rights that do no longer comply with Article 82 of Council Regulation (EC) No 2100/94 shall be deleted (Art 74(4)(b) Commission Regulation (EC) No 874/2009).
In consideration of the above, please note that, all CPVR applicants and holders, who are currently domiciled or have a seat in the United Kingdom or do not have, at present, a procedural representative domiciled or having his seat or an establishment in the EU territory excluding the UK, are required to designate a procedural representative who is domiciled or has his seat or an establishment within the EU territory.
To that effect, the relevant form for designation of procedural representative must be returned duly completed and signed by the applicant(s)/holder(s) of the concerned CPVRs within one month from the date of issue of this note (issued on 16/01/2020) to the Office via MyPVR or by email at registry@cpvo.europa.eu
Please be informed that, as of the Brexit date, the Office, if not in receipt of the aforementioned designation form by said deadline, may refuse the application or cancel the right in question.
In the below section the CPVO has compiled Brexit related information relevant to CPVO stakeholders:
Download: EN(51.84 KB)
Notice to Stakeholders regarding the withdrawal of the UK and the EU rules in the field of Plant Variety rights
Download: EN(2.52 MB)
Proposed Withdrawal Agreement pending the necessary internal procedures by the Union and the UK
DownloadL EN
Technical notice on DEFRA website
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