Analysis of Court Decisions on Propagating Material and Harvested Material: Switzerland and European Union

Abstract

The terms propagating material and harvested material play a crucial role in plant variety protection law. The interpretations of these terms in Switzerland and in the European Union are analysed. The term propagating material implies an element of purpose or intent which has to intelligible and can be determined using objective criteria for interpretation. A useful definition would be the use intended by the buyer but only as far as the seller could notice or as tacitly agreed. Actual use and obvious purpose or custom may be used as interpretative aids. The term plant constituents used by EU Regulation 2100/94 should be interpreted as a synonym for propagating material.

Keywords: Plant Variety Protection, Propagating Material, Harvested Material

JEL Classification: K11, K29