Plant Variety Rights

We assist clients that are active within the horticultural, fruit and seed business with the exploitation, protection and enforcement of both their national and European community plant variety rights and plant (breeding) related innovations. We advise on the exploitation of these intellectual property rights, including drafting and negotiating licence agreements, R&D agreements, propagation and testing agreements etc. We represent clients in opposition or revocation proceedings before the Community Plant Variety Office (CPVO) in Angers, France and its Board of Appeal, and have extensive experience of handling enforcement proceedings, varying from disputes about the (non-) performance of licence agreements, to complex court cases on the concept of essentially derived varieties (EDVs).

Specific areas of expertise include:

  • assisting clients with pre-trial (evidence) seizures
  • conducting plant variety (and patent) infringement litigation
  • refusals, oppositions and other matters before the Community Plant Variety Office
  • customs detention strategies
  • drafting and negotiating licence agreements, R&D agreements, propagation and testing agreements etc.