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THE USE OF PLANT VARIETY DENOMINATIONS AFTER THE EXPIRATION OF THE BREEDER’S RIGHT

by Roberto Manno and Selena Travaglio

ABSTRACT: To obtain Plant Variety Rights (PVRs) protection, a plant variety must have a unique variety denomination (VD) for identification. This VD helps consumers distinguish between varieties and remains necessary for marketing even after PVRs expire. The continued use of VDs raises legal questions about their status post-PVRs, particularly in cases of deceptive use or misuse. This article addresses these issues, focusing on enforcing rights when a VD is used for different varieties or misused. The analysis primarily considers EU law, including recent activities by CPVO, EUIPO, and case law from the Court of Justice of the European Union (CJEU).

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