Assessing the Distinctness of a Variety

Assessing the Distinctness of a Variety

Journal article

1 online resource (pages 1149–1151)

Code of Industrial Property, Art. 104 ‒ Asgrow Seed Headnotes by the Editorial Office 1. The variety is deemed distinct when it is clearly distinguishable from any ‘other’ variety whose existence, on the date of filing the application, is a matter of common knowledge. 2. Where it is the same variety, for which the breeder (or their successor) has applied for plant variety rights to be granted in another state, the question of a lack of distinctness does not arise, since the ‘same’ variety cannot be included in the concept of any ‘other’ variety that is a matter of common knowledge; the same variety is not therefore relevant for the purposes of the distinctness assessment provided for by law. Supreme Court of Cassation, Civil Division, Section 1 (Corte Suprema di Cassazione, Sez. 1 Civ.), judgment of 28 February 2023 ‒ 6074/2023 Facts of the case The dispute concerns an Italian patent for a plant variety.

Crossref

GRUR International, 2632-8550 ; 72, 12, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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