Plant varieties protection in the European Union: legal aspects

Abstract

Purpose. Reviewing the EU legislation on plant varie­ties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV) that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the re­levant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.

Keywords

• legislation
• plant varieties
• breeder’s right
• regulation
• the Community Plant Variety Office (CPVO)
• UPOV Convention