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

Proceedings of the UPOV “Seminar on Propagating and Harvested Material in the Context of the UPOV Convention” (Geneva, Switzerland) held on October 24, 2016

7 Pages Posted: 9 May 2017

See all articles by Herbert Zech

Herbert Zech

Humboldt-Universität zu Berlin, Juristische Fakultät

Date Written: October 24, 2016

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

Suggested Citation

Zech, Herbert, Analysis of Court Decisions on Propagating Material and Harvested Material: Switzerland and European Union (October 24, 2016). Proceedings of the UPOV “Seminar on Propagating and Harvested Material in the Context of the UPOV Convention” (Geneva, Switzerland) held on October 24, 2016, Available at SSRN: https://ssrn.com/abstract=2964527 or http://dx.doi.org/10.2139/ssrn.2964527

Herbert Zech (Contact Author)

Humboldt-Universität zu Berlin, Juristische Fakultät ( email )

Unter den Linden 6
Berlin, D-10099
Germany

HOME PAGE: http://https://www.rewi.hu-berlin.de/de/lf/ls/zch

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