Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (Codified version) (Text with EEA relevance)
Modified by
- Commission Implementing Regulation (EU) No 763/2013of 7 August 2013amending Regulation (EC) No 637/2009 as regards the classification of certain plant species for the purposes of assessing the suitability of the denominations of varieties(Text with EEA relevance), 32013R0763, August 8, 2013
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.
(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 element, a series of letters not forming a word pronounceable in an official language of the Community; however, where this series is an established abbreviation, such an established abbreviation shall be limited to a maximum of two sets of up to three characters each, located at each end of the denomination; (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 varieties related through their breeding history; (iv) it consists of more than three words or elements, unless the flow of the wording makes it easily recognizable or reproducible; (v) it consists of or contains an excessively long word or element; (vi) it contains a punctuation mark or other symbol, an upper and lower case mixture (save where the first letter is in upper case and the rest of the denomination in lower case), subscript, superscript 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 punctuation mark or other symbol, subscript, superscript or a design.
(a) "may be confused with" shall be considered to cover, inter alia, a variety denomination, containing a difference of only one letter, 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 the International Convention for the Protection of New Varieties of Plants (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 varieties denomination shall not be regarded as confusing. Also, where the different letter is prominent in a way that makes the denomination clearly distinct from already registered variety denominations, it shall not be regarded as confusing. Differences of two or more letters shall not be regarded as confusing except where two letters simply change places. A difference of one digit between numbers (where a number is permissible in a fancy name) shall not be regarded as confusing. Without prejudice to Article 6, the first subparagraph shall not apply to a variety denomination in the form of a code, if the reference variety denomination is also in the form of a code. In the case of a code a difference of only one character, letter or number shall be deemed to enable two codes to be satisfactorily distinguished. Blank spaces are to be ignored when comparing denominations in code form; (b) "closely related species" shall have the meaning as defined in Annex I; (c) "a variety no longer remains in existence" shall be considered 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 agricultural 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" means a situation where the denomination of a variety which has at one time been entered in an official register of plant varieties and thereby acquired special significance is considered to have lost that special significance on the expiry of a 10-year period after deletion from that register.
(a) currency denominations, or terms associated with weights and measures; (b) expressions that, by virtue of legislation, shall not be used for purposes other than those envisaged by that legislation.
(a) it conveys the false impression that the variety has particular 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 conveys the false impression that only that variety possesses it, whereas in fact other varieties of the same species may possess the same characteristic or value; (d) by reason 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 or common names of species, within the group either of agricultural plant species or of vegetable plant species, to which the variety belongs; (iii) 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;
(f) it includes a geographical name that would be likely to deceive the public as to the characteristics or the value of the variety.
(a) if there is more than one class within a genus, the list of classes in point 1 shall apply; (b) if classes encompass more than one genus, the list of classes in point 2 shall apply; (c) as a general rule, for genera and species not covered by the lists of classes in points 1 and 2, a genus is considered to be a class.
| Classes | Scientific names |
|---|---|
| Class 1.1 | |
| Class 1.2 | |
| Class 2.1 | |
| Class 2.2 | |
| Class 2.3 | |
| Class 3.1 | |
| Class 3.2 | |
| Class 3.3 | |
| Class 4.1 | |
| Class 4.2 | |
| Class 4.3 | |
| Class 4.4 |
| Classes | Scientific names |
|---|---|
| Class 201 | |
| Class 203 | |
| Class 204 | |
| Class 205 |
| Commission Regulation (EC) No 930/2000 | ( |
| Commission Regulation (EC) No 1831/2004 | ( |
| Commission Regulation (EC) No 920/2007 | ( |
| Regulation (EC) No 930/2000 | This Regulation |
|---|---|
| Article 1 | Article 1 |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4 | Article 4 |
| Article 5(a) | Article 5(a) |
| Article 5(c) | Article 5(b) |
| Article 6(a) to (d) | Article 6(a) to (d) |
| Article 6(e)(i) and (ii) | Article 6(e)(i) and (ii) |
| Article 6(e)(iv) | Article 6(e)(iii) |
| Article 6(f) | Article 6(f) |
| Article 7 | Article 7 |
| — | Article 8 |
| Article 8 | Article 9 |
| Annex | Annex I |
| — | Annexes II and III |