Commission Regulation (EC) No 355/2008 of 21 April 2008 amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office (Text with EEA relevance)
Date: 2008-04-21
Institutions: European Commission
Subjects: Community Plant Variety Office, administrative procedure, crop production, intellectual property, patent law, plant variety right, telecommunications, transmission network

22.4.2008

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Official Journal of the European Union

L 110/3

COMMISSION REGULATION (EC) No 355/2008

of 21 April 2008

amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in
proceedings before the Community Plant Variety Office

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1.

in Article 2, paragraph 3 is replaced by the following:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2100/94 of
27 July 1994 on Community plant variety rights (1), and in
particular Article 114 thereof,

After consulting the Administrative Council of the Community
Plant Variety Office,

Whereas:

(1)

(2)

(3)

(4)

(5)

The rules provided for in Commission Regulation (EC)
No 1239/95 of 31 May 1995 establishing implementing
rules for the application of Council Regulation (EC) No
2100/94 as regards proceedings before the Community
Plant Variety Office (2) should be simplified, in particular
by allowing the use of electronic means of communi-
cation.

It is appropriate to simplify, on the one hand, the filing
of applications, objections or appeals and, on the other,
the service of documents by the Community Plant
Variety Office (the Office) by permitting the use of elec-
tronic means. Moreover, the Office should be given the
for Community plant
possibility to issue certificates
infor-
variety rights in electronic form. Publication of
mation regarding Community plant
rights
variety
should also be possible by electronic means. Finally, elec-
tronic storage of files relating to proceedings should be
allowed to improve efficiency.

The President of the Office should be empowered to
determine all necessary details with respect to the use
of electronic means of communication or storage.

Regulation (EC) No 1239/95 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Community Plant Variety Rights,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1239/95 is amended as follows:

(1) OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation

(EC) No 15/2008 (OJ L 8, 11.1.2008, p. 2).

(2) OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regu-

lation (EC) No 1002/2005 (OJ L 170, 1.7.2005, p. 7).

‘3.
Addresses shall contain all the relevant administrative
information, including the name of the State in which the
party to proceedings is resident or where his seat or estab-
lishment is located. Only one address should preferably be
indicated for each party to proceedings; where several
addresses are indicated, only the address mentioned first
shall be taken into account, except where the party to
proceedings designates one of the other addresses as an
address for service.

The President of
the Office shall determine the details
concerning the address including any relevant details of
other data communication links.’;

2. Article 16 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
An application for a Community plant variety
the national
right
shall be filed at
agencies designated or
established
pursuant to Article 30(4) of the Basic Regulation.

the Office, at
the

sub-offices

Where the application is filed at the Office it may be
filed in paper format or by electronic means. Where it
is filed at the national agencies or sub-offices it shall be
filed in paper format in duplicate.’;

(b) paragraph 3 is replaced by the following:

The Office shall make available the following

‘3.
forms free of charge:

(a) an application form and a technical questionnaire,
filing an application for a

for the purposes of
Community plant variety right;

(b) a form for forwarding the information referred to
in paragraph 2, indicating the consequences of any
failure of the forwarding.

The applicant shall

4.
in and sign the forms
fill
provided for in paragraph 3. Where the application is
submitted by electronic means it shall comply with the
second subparagraph of Article 57(3) as regards the
signature.’;

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Official Journal of the European Union

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3. Article 28 is replaced by the following:

‘Article 28

3. With the exception of annexed documents, any
documents filed by parties to proceedings must be signed
by them or their procedural representative.

Proposal for a variety denomination

The proposal for a variety denomination shall be signed
and shall be filed at the Office, or, if the proposal accom-
panies the application for a Community plant variety right
filed at the national agency designated or the sub-office
established pursuant to Article 30(4) of the Basic Regu-
lation, in duplicate.

The Office shall make available, free of charge, a form for
the purposes of proposing a variety denomination.

for

the proposal

Where
a variety denomination is
submitted by electronic means it shall comply with the
the
second subparagraph of Article 57(3) as
signature.’;

regards

4.

in Article 36, the last sentence of paragraph 1 is deleted
and the following paragraph 4 is added:

‘4. Where the proposal for an amendment of a variety
denomination is submitted by electronic means it shall
comply with the second subparagraph of Article 57(3) as
regards the signature.’;

5.

in Article 52, paragraph 1 is replaced by the following:

‘1. Within three months after closure of
proceedings,
appeal
forwarded in writing, by any means provided for
Article 64(3), to the parties to the appeal proceedings.’;

decision on the

the oral
shall be
in

the

Where a document is submitted to the Office by electronic
means, it shall contain an electronic signature.

If a document has not duly been signed, or where a
4.
document received is incomplete or illegible, or where the
Office has doubts as to the accuracy of the document, the
Office shall inform the sender accordingly and shall invite
him to submit
the original of the document signed in
accordance with paragraph 3, or to retransmit a copy of
the original, within a time limit of one month.

is complied with within the period
Where the request
specified, the date of receipt of the signed document or
of the retransmission shall be deemed to be the date of
the receipt of the first document. Where the request is not
complied with within the period specified, the document
shall be deemed not to have been received.

5.
Such document must be communicated to other
parties to proceedings as well as to the Examination
Office concerned, or documents relating to two or more
applications for a Community plant variety right or an
exploitation right, shall be filed in a sufficient number of
copies. Missing copies shall be provided at the expense of
the party to the proceedings.

The first
submitted by electronic means.

subparagraph shall not apply to documents

6.

in paragraph 2 of Article 53,
replaced by the following:

the second sentence is

Article 58

‘Subsequently, the decision in writing shall be served on the
parties to proceedings in accordance with Article 64.’;

7.

in Article 54(3), the word ‘duplicate’ is replaced by ‘copy’;

8. Articles 57 and 58 are replaced by the following:

‘Article 57

Documents filed by parties to proceedings

1.
Any documents filed by a party to proceedings shall
be submitted by post, personal delivery or electronic
means.

The details concerning electronic submissions
determined by the President of the Office.

shall be

2.
The date of receipt of any document filed by parties
to proceedings shall be deemed to be the date on which a
document is in fact received on the premises or in the case
of a document
filed by electronic means, when the
document is received electronically by the Office.

Documentary evidence

1.
Evidence of final judgments and decisions, other than
those of the Office, or other documentary evidence to be
submitted by parties to proceedings, may be furnished by
submitting an uncertified copy.

2. Where the Office has doubts as to the authenticity of
the evidence referred to in paragraph 1,
it may require
submission of the original or a certified copy.’;

9. Article 64 is replaced by the following:

‘Article 64

General provisions on service

In proceedings before the Office, any service of
1.
documents to be made by the Office on a party to
proceedings shall take the form of the original document,
of an uncertified copy thereof or a computer print-out.
Documents emanating from other parties to proceedings
may be served in the form of uncertified copies.

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If a procedural representative has been appointed by
2.
one or more parties to proceedings, service shall be made
on him in accordance with the provisions of paragraph 1.

3.

Service shall be made:

(a) by post in accordance with Article 65;

(b) by delivery by hand in accordance with Article 66;

(c) by public notice in accordance with Article 67; or

14.

in Article 79, paragraph 1 is replaced by the following:

‘1.
Any transfer of Community plant variety rights shall
be entered in the Register of Community Plant Variety
the
Rights on production of documentary evidence of
transfer, or of official documents confirming the transfer,
or of such extracts from those documents as suffice to
establish the transfer. The Office shall retain a copy of
those pieces of documentary evidence in its files.

The President of the Office shall determine the form in and
the conditions under which those pieces of documentary
evidence are to be retained in the files of the Office.’;

(d) by electronic means or any other technical means in
accordance with the second subparagraph of
this
paragraph.

15. Article 83 is replaced by the following:

The President of
concerning service by electronic means.

the Office shall determine the details

‘Article 83

Keeping of the files

4.
Documents or copies thereof containing actions for
which service is provided in Article 79 of the Basic Regu-
lation shall be served by registered letter with advice of
delivery served by postal means; it can also be served by
electronic means to be determined by the President of the
Office.’;

10.

in Article 65, paragraph 1 is deleted;

11.

in Article 67,

‘Article 65(1)’ is replaced by ‘Article 64(4)’;

12.

in Article 71, paragraph 2 is replaced by the following:

1.
Documents, either in the form of originals or copies
relating to proceedings shall be kept in files, a file number
being attached to such proceedings, except
those
documents relating to the exclusion of, or objection to,
members of the Board of Appeal, or to the staff of the
Office or the Examination Office concerned, which shall be
kept separately.

for

2.
The Office shall keep one copy of the file referred to
in paragraph 1 (file copy) which shall be considered the
true and complete copy of the file. The Examination Office
may keep a copy of
the documents relating to such
proceedings (examination copy), but shall ensure delivery
of those originals which the Office does not hold.

interruption in the delivery of mail

‘2.
If a time limit expires on a day on which there is a
general
interruption or a subsequent dislocation in the
delivery of mail in a Member State or between a Member
State and the Office, the time limit shall be extended until
the first day following the end of the period of dislocation
or
for parties to
proceedings having their domicile or seat or establishment
in the Member State concerned or having appointed
procedural
in that State.
Should the Member State concerned be the State in
which the Office is located, this provision shall apply to
all parties to proceedings. The duration of the period of
interruption or dislocation shall be as stated and commu-
nicated by the President of the Office.

representatives with a seat

As regards documents submitted by electronic means, the
first subparagraph shall apply mutatis mutandis in cases
where there is an interruption of the connection of the
Office to the electronic means of communication.’;

The original documents

3.
to the
proceedings which form the basis of any electronic files
may be disposed of
a period following their
reception by the Office.

filed by parties

after

4.
The President of the Office shall determine the details
as to the form in which the files to be kept, the period
during which files are to be kept and the period referred to
in paragraph 3.’;

16.

in Article 87 the following paragraph 3 is added:

The President of

‘3.
manner in which the Official Gazette is published.’;

the Office shall determine the

17. Article 91 is amended as follows:

13.

in Article 78(3), the following subparagraph is added:

paragraph 1 is replaced by the following:

‘The President of the Office shall determine the form of
Registers. The Registers may be maintained in the form
of an electronic database.’;

‘1.
Inspection of files under Article 91(1) of the Basic
Regulation shall be of copies of the files issued by the
Office exclusively for that purpose.’.

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

Article 2

It shall apply from 1 January 2009.

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

Done at Brussels, 21 April 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission