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8. The EAF/14 meeting agreed that participation in UPOV PRISMA would require agreement to the new Terms of Use (see document EAF/14/3 “Report”, paragraph 17).

9. At the EAF/14 meeting it was agreed that the proposal to indicate the filing date in UPOV PRISMA within 7 days after it is duly filed with the participating PVP Office, should be discussed at a future EAF meeting.

### Developments in the Administrative and Legal Committee (CAJ) in October 2019

10. The Administrative and Legal Committee (CAJ), at its seventy-sixth session on October 30, 2019, noted the information provided in document CAJ/76/INF/2 in relation to recent developments in UPOV PRISMA (see document CAJ/76/9 “Report”, paragraph 54).

### Developments in the Consultative Committee and the Council in October 2019

11. The Council at its fifty-third ordinary session in Geneva on November 1, 2019, noted the work of the Consultative Committee at its ninety-sixth session, as reported in document C/53/9 “Report by the President on the work of the ninety-sixth session of the Consultative Committee”, which included the following information concerning UPOV PRISMA (see document C/53/15 “Report”, paragraph 23):

“The Council noted the developments concerning UPOV PRISMA and decided to re-introduce a UPOV PRISMA fee per application at 90 Swiss Francs, starting in January 2020, subject to resolution of the technical issues and improvements being made to the user experience, before a fee was introduced, as presented in document C/53/9. It further agreed that, where the same variety was submitted for both plant breeders’ rights and national listing in the same participating member of the Union, a single fee would be charged at the time of the first submission for the variety (see document C/53/15 “Report”, paragraph 23 (e)).”

## LATEST DEVELOPMENTS

### Version 2.4

12. Version 2.4 of UPOV PRISMA was released on February 24, 2020.

#### Implementation of the new UPOV PRISMA Terms of Use

13. Since the EAF/14, all participating authorities, except the African Intellectual Property Organization (OAPI), Bolivia (Plurinational State of) and Paraguay, have signed to the new Terms of Use for UPOV PRISMA (see paragraph 7 above), with the addition of the following disclaimer and footnotes:

Disclaimer for the Community Plant Variety Office of the European Union (CPVO): The CPVO accepts to make all best efforts so that the required information submitted through UPOV PRISMA can be accepted by the CPVO in due time. EU plant variety rights applications will only be accepted if all requirements under the applicable legislation are complied with.

- g) Accept application data submitted via UPOV PRISMA without the need for further signature)1 data or information (except for

Footnote 1: In the case of the CPVO, France and the Netherlands, additional useful information, including TQ characteristics for some crops, may need to be provided to the relevant PVP Office by the applicant after the data is submitted via UPOV PRISMA.

- h) Inform the Office of the Union of any changes or updates in the application forms (including Technical Questionnaire) and accept data according to the earlier version until UPOV PRISMA is updated - UPOV PRISMA will be updated at the next release or within 6 months sooner2 following notification thereof, whatever is the

Footnote 2: In the case of the CPVO, if the data submitted under an earlier version of an application form or technical questionnaire is not sufficient for the purpose of filing an application for an EU plant variety right, the applicant will be asked by the CPVO to complement with the data required.

- i) Acknowledge receipt in UPOV PRISMA of any application data submitted via days3 UPOV PRISMA within 7

Footnote 3: In the case of the African Intellectual Property Organization (OAPI), CPVO, France and the Netherlands, the acknowledgement of receipt will be made by their own system and according to the applicable legislation.