Restrictions Contrary to Public Order in Grape Variety Lease Contract.

Restrictions Contrary to Public Order in Grape Variety Lease Contract.

Journal article

1 electronic resource (page 262-274)

Extract Council Regulation (EC) No. 2100/94, Art. 13; Code of Civil Procedure, Art. 829(3) – Mi.An. v Sun World Headnotes by the Editorial Office 1. Protection of harvested material, consisting of fruits that are not liable to be used as propagating material, can only be invoked under two conditions: (a) such material was obtained through the unauthorised use of variety constituents; (b) the holder did not have the opportunity to exercise his right in relation to those variety constituents. 2. A contractual clause conferring on the holder of intellectual property rights in respect of patented cultivars also the power to determine the persons who alone will be entitled to distribute the fruits obtained by the producer, previously authorised to use the variety constituents of the protected variety from which such fruits were produced, where such fruits are not likely to be used as propagating material, is null and void as contrary to public order.

Crossref

GRUR International ; 74, 3, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

Anglais

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

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