Valued varieties
M. A. Kock · Journal of Intellectual Property Law & Practice · 2006
European Community Plant Variety Protection By Gert Würtenberger, Paul van der Kooij Bart Kiewiet and Martin Ekvad, 2006, Oxford: Oxford University Press Price: £95, Hardback, ISBN: 0-19-928616-7. pages 311 This book provides an up-to-date overview and commentary about a truly EU community IP system: The European Community Variety Protection Right system (CPVR, based on Council Regulation 2100/94). Plant variety protection (PVP) was formerly considered a rather ‘exotic’ field of IP law, used only by traditional breeders. Recognition was fairly low and disputes rarely occurred and were mainly settled by a ‘gentleman's agreement’. However, globalization has changed business practice in the seed industry. Seed companies are acting increasingly on a global scale, vigorously protecting and defending their IP. In this context the CPVR system plays an important role. With 2734 applications in 2005 alone, the CPVR system is gaining importance and is increasingly replacing national PVP systems. Further, the formerly distinct areas of patent protection and PVP start to overlap. Traditional breeders use patents to protect traits or breeding methods and plant biotechnology companies use PVP as part of their IP life cycle strategy. In consequence, a thorough understanding of the opportunities and weaknesses of the PVP system is now crucial for practitioners in the plant biotech, seed, and food industry, where a reasonable return on the high investments can only be achieved with a holistic approach using all available means of IP protection, including patents and PVP rights. In this respect the present book is closing a gap by providing—to our knowledge—the first commentary on the CPVR system.