Commission Regulation (EC) No 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species
Date: 2000-05-04
Institutions: European Commission
Subjects: administrative procedure, industrial property, marketing, plant propagation, trade-mark law

5.5.2000

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Official Journal of the European Communities

L 108/3

COMMISSION REGULATION (EC) No 930/2000

of 4 May 2000

establishing implementing rules as to the suitability of the denominations of varieties of agricul-
tural plant species and vegetable species

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 70/457/EEC of 29
September 1970 on the common catalogue of varieties of
agricultural plant species (1), as last amended by Directive 98/
96/EC (2), and in particular Article 9(6) thereof,

Having regard to Council Directive 70/458/EEC of 29
September 1970 on the marketing of vegetable seed (3), as last
amended by Directive 98/96/EC, and in particular Article 10(6)
thereof,

Whereas:

(1)

(2)

Directives 70/457/EEC and 70/458/EEC have laid down
general rules in relation to the suitability of variety
denominations, by means of a reference to Article 63 of
Council Regulation (EC) No 2100/94 of 27 July 1994
on Community plant variety rights (4), as amended by
Regulation (EC) No 2506/95 (5).

For the purposes of the application of Directives 70/
457/EEC and 70/458/EEC, it is appropriate to establish
detailed rules for the application of the criteria set out by
Article 63 of Regulation (EC) No 2100/94, in particular
in respect of the impediments for the designation of a
variety denomination as specified in paragraphs 3 and 4
thereof. In a first phase, such detailed rules should be
limited to the following impediments:

— use precluded by the prior right of a third party,

— difficulties as regards recognition or reproduction,

— denominations which are identical or may be
confused with a variety denomination of another
variety,

— denominations which are identical or may be

confused with other designations,

— misleading or causing confusion concerning the
characteristics of the variety or other features.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on Seeds and Propagating Material
for Agriculture,
Horticulture and Forestry,

(1) OJ L 225, 12.10.1970, p. 1.
(2) OJ L 25, 1.2.1999, p. 27.
(3) OJ L 225, 12.10.1970, p. 7.
(4) OJ L 227, 1.9.1994, p. 1.
(5) OJ L 258, 28.10.1995, p. 3.

Article 1

The present Regulation establishes, for the purposes of the
first subparagraph, of Directive
application of Article 9(6),
70/457/EEC and of Article 10(6),
subparagraph, of
Directive 70/458/EEC, detailed rules for the application of
certain criteria set out by Article 63 of Regulation (EC) No
2100/94 for the eligibility of variety denominations.

first

Article 2

1.
In the case of a trade mark as a prior right of a third
party, the use of a variety denomination in the territory of the
Community shall be considered to be precluded by the noti-
fication to the competent authority for the approval of the
variety denomination of a trade mark, which has been regis-
tered in one or more Member States or at Community level
prior to the approval of the variety denomination, and which is
identical or similar to the variety denomination and registered
in relation to goods which are identical or similar to the plant
variety concerned.

2.
In the case of a prior right of the applicant in respect of
whole or part of the proposed denomination, Article 18(1) of
Regulation (EC) No 2100/94 shall apply mutatis mutandis.

Article 3

1.
A variety denomination shall be considered to cause its
users difficulties as regards recognition or reproduction in the
following cases:

(a) where it is in the form of a ‘fancy name’:

(i) it consists of a single letter;

(ii) it consists of, or contains as a separate entity, a series
of letters not forming a pronounceable word, except
where this series in an established abbreviation;

(iii) it contains a number, except where this is an integral
part of the name, or where this indicates that the
variety is or will be one of a numbered series of
biologically related varieties;

(iv) it consists of more than three entities; however, in the
case of Article 63(4) of Regulation (EC) No 2100/94,
more than three entities shall not be considered as an
impediment;

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(v) it consists of, or contains an excessively long word;

(vi) it contains a hyphen, a blank space other than between
the entities of which it consists, another mark, an
upper and lower case mixture within the entities, a
subscript, a superscript, a symbol or a design;

(b) where it is in the form of a ‘code’:

(i) it consists of a number or numbers only, except in the
case of inbred lines or of similarly specific types of
varieties;

(ii) it consists of a single letter;

(iii) it contains more than 10 letters, or

letters and

numbers;

(iv) it contains more than four alternating groups of a

letter or letters and a number or numbers;

(v) it contains a hyphen, a blank space other than for
separation from a pronounceable word, another mark,
a subscript, a superscript, a symbol or a design.

2.
On submission of the proposal for a variety denomin-
ation, the applicant should declare where the proposed denom-
ination is intended to be in the form of a ‘fancy name’ or of a
‘code’.

If the applicant makes no declaration on the form of the
3.
proposed denomination, the denomination shall be considered
to be a ‘fancy name’.

Article 4

In evaluating the identity of, or confusion with, a variety
denomination of another variety, the following shall apply:

(a) ‘may be confused with’ shall be considered to cover inter
alia a variety denomination, containing a difference of only
one letter or number, or of accents on letters, in relation to
the variety denomination of a variety of a closely related
species, which has been officially accepted for marketing in
the Community,
the European Economic Area or in a
contracting party to UPOV, or is the subject of a plant
variety right in such territories; however, a difference of
only one letter in an established abbreviation as a separate
entity of the variety denomination shall not be covered.
Without prejudice to Article 6, this provision shall not
apply to a variety denomination in the form of a code, if
the reference variety denomination is equally in the form of
a code;

(b) ‘closely related species’ shall be considered to mean a
species belonging to the same class as listed in the Annex,
or, where not applicable, to the same botanical genus;

(c) ‘a variety no longer remains in existence’ shall be consid-
ered to mean a variety no longer in commercial existence;

(d) ‘an official register of plant varieties’ shall be considered as
a reference to the common catalogue of varieties of agricul-
tural plant species or of vegetable species, or to any register
compiled and maintained by the Community Plant Variety
Office, or by an official body of the Member States of the

Community or the European Economic Area, or of a
contracting party to UPOV;

(e) ‘a variety the denomination of which has acquired no
special significance’: the denomination of a variety which
has at one time been entered in an official register of plant
varieties and thereby acquired special significance shall be
considered to have lost that special significance on the
expiry of a 10-year period after deletion from that register.

Article 5

Designations which are commonly used for the marketing of
goods or which have to be kept free under other legislation
shall be considered to mean in particular:

(a) currency denominations, or terms associated with weights

and measures;

(b) terms that have become part of everyday language in the
whole, or part, of the Community and the approval of
which as a variety denomination would impede its use by
others when marketing reproductive or propagating
material of other varieties;

(c) expressions that, by virtue of legislation, shall not be used
for purposes other than those envisaged by that legislation.

Article 6

A variety denomination shall be considered to mislead or to
cause confusion if:

(a) it conveys the false impression that the variety has par-

ticular characteristics or value;

(b) it conveys the false impression that the variety is related to,

or derived from, another specific variety;

(c) it refers to a specific characteristic or value in a way which
impression that only that variety
conveys
possesses it, whereas in fact other varieties of the same
species may possess the same characteristic or value;

false

the

(d) by dint of its similarity to a well-known trading name other
than a registered trade mark or variety denomination, it
suggests that the variety is another variety, or conveys a
false impression concerning the identity of the applicant,
the person responsible for the maintenance of the variety,
or the breeder;

(e) it consists of, or contains

(i) comparatives or superlatives;

(ii) the botanical name, or part thereof, of a genus or

species of the plant kingdom;

(iii) the common name of a genus or species of the plant
kingdom within the group either of agricultural plant
species or of vegetable plant species, to which the
variety belongs;

(iv) the name of a natural or legal person, or a reference
thereto, so as to convey a false impression concerning
the identity of the applicant, the person responsible for
the maintenance of the variety, or the breeder.

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Article 7

Variety denominations which have been accepted in the form of a code shall be clearly indicated as such in
the relevant official catalogue or catalogues of Member States for officially accepted plant varieties, or in the
relevant common catalogue, by a footnote with the following explanation: ‘variety denomination approved
in the form of a “code”’.

Article 8

This Regulation shall enter into force on the 20th day of its publication in the Official Journal of the

1.
European Communities.

2.
It shall not apply to variety denominations which have been proposed by the applicant to the
competent authority for their approval, prior to the day on which this Regulation enters into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 May 2000.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

5.5.2000

ANNEX

CLOSELY RELATED SPECIES

(Article 4(b))

Avena, Hordeum, Secale, Triticale, Triticum

Sorghum, Zea

Agrostis, Alopecurus, Arrhenatherum, Bromus, Cynosurus,
Dactylis, Festuca, Lolium, Phalaris, Phleum, Poa, Trisetum

Brassica oleracea, Brassica chinensis, Brassica pekinensis

Brassica napus, Brassica campestis, Brassica rapa, Brassica
juncea, Brassica nigra, Sinapis

Lotus, Medicago, Ornithopus, Onobrychis, Trifolium

Lupinus albus L., Lupinus angustifolius L., Lupinus luteus L.

Vicia fabia L.

Beta vulgaris L. var. alba DC., Beta vulgaris L. var. altissima

Beta vulgaris ssp. vulgaris var. conditiva Alef.
(syn.: Beta
vulgaris L. var. rubra L.), Beta vulgaris L. var. cicla L., Beta
vulgaris L. ssp. vulgaris var. vulgaris

Lactuca, Valerianella, Cichorium

Cucumis sativus

Citrullus, Cucumis melo, Cucurbita

Anthriscus, Petroselinum

Daucus, Pastinaca

Anethum, Carum, Foeniculum

Solanum tuberosum L.

Helianthus annuus

Class A (UPOV Class 1):

Class B (UPOV Class 3):

Class C (UPOV Class 4):

Class D (UPOV Class 5):

Class E (UPOV Class 6):

Class F (UPOV Class 7):

Class G (UPOV Class 8):

Class H (UPOV Class 9):

Class I (UPOV Class 10):

Class K (UPOV Class 11):

Class L (UPOV Class 12):

Class M (UPOV Class 13):

Class N (UPOV Class 14):

Class O (UPOV Class 15):

Class P (UPOV Class 16):

Class Q (UPOV Class 17):

Class R (UPOV Class 21):

Class S (UPOV Class 24):