The Community Plant Variety Office (CPVO), in close co-operation with the breeders’ organizations and the European Commission, organized a seminar on the subject of Enforcement of plant variety rights in Brussels on the 4^th and 5^th of October. About 210 intellectual property practitioners specialized in plant variety protection attended this seminar. In the conclusions made by the President of the CPVO, Bart Kiewiet, the following issues were mentioned.

Some general problems mentioned during the seminar were identified:

• Lack of harmonized civil law and penal law procedures relating to enforcement actions in different Community Member States

• Lack of expertise, mainly due to limited experience of the competent national courts

• The high cost of legal actions

• Refusal of national courts to accept technical reports of CPVO Examination Offices.

Some specific crop sector related  obstacles with which breeders are confronted were mentioned.  Agricultural breeders face difficulties when trying to obtain information on the use of farm saved seed of protected varieties. These difficulties frustrate the possibilities to collect remuneration from farmers for such use.  Ornamental and vegetable breeders drew attention to the legal obstacles they are confronted with, when trying to get access to greenhouses where illegal reproduction of material of protected varieties is suspected to take place.  

However, breeders are not empty handed in their fight against infringements. Community legislation such as the Council Regulation 2100/94 (Basic Regulation), the Community Customs Regulation 1383/2003 and the Enforcement Directive 2004/48, once transposed into national law, give the breeders tools to enforce their rights and act against infringements. It was suggested that breeders should take up the challenge of making a more efficient use of these legislative tools. Concerted action of groups of breeders was envisaged in this respect.

Amendments to the legislation should be reviewed. Introduction of an obligation in the Basic Regulation for Member States to designate (a limited number of) competent courts was mentioned by a number of speakers as an effective way to help breeders when trying to enforce their rights. The CPVO President declared his intention to prepare a proposal in this respect for the review by the CPVO Administrative Council. Furthermore, the implementing rules as regards the provision on farm saved seed in the Basic Regulation should be reviewed in the light of the recent case law of the European Court of Justice. Another tool to deal with possible infringements to be studied is the elaboration of a procedure whereby DUS assessments can be made, under the responsibility of the CPVO, with respect to material of allegedly infringing varieties. Further legislative initiatives are not excluded.

The seminar was an instrument in itself to raise awareness of problems and solutions as regards enforcement of plant variety rights. For that reason the CPVO President intends to organise two regional enforcement seminars in Poland and Spain in 2006.