#62024TJ0573EU court upholds CPVO cancellation of potato variety right after missed fee payment
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The EU General Court upheld the CPVO’s cancellation of a Community plant variety right for the potato variety Melrose after the holder missed the annual fee deadline. The court also confirmed that the CPVO Board of Appeal could hear the request to restore the missed deadline, but rejected the holder’s arguments based on COVID-related staffing problems, excusable error, and notification defects. For rights holders, the message is simple: if annual fees are not paid on time, the right can be lost, and getting it back requires strong proof of exceptional circumstances and due care. The court also backed the CPVO’s MyPVR electronic notification system as a valid channel for official notices when the user has opted in.
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Key Changes
- Confirmed that the CPVO Board of Appeal can decide on restitutio in integrum when the missed deadline was for filing an appeal before that Board
- Rejected the holder’s COVID-19 staffing, force majeure, and excusable error arguments as insufficient to restore the right
- Upheld MyPVR as a valid official notification channel for CPVO communications when the user has opted in
Obligations
What this law requires
The CPVO may cancel a Community plant variety right if the annual fee is not paid within the prescribed time limit; holders should treat timely payment as essential to maintain the right.
A holder seeking restitutio in integrum after missing the annual-fee payment deadline must show that, despite taking all due care in the particular circumstances, it was unable to meet the time limit and that the failure directly caused loss of a right or means of redress.
A party wishing to appeal a CPVO decision must file the appeal within the two-month period laid down in Article 69 of Regulation No 2100/94; an appeal lodged after that period is out of time.
Users who opt in to the CPVO MyPVR electronic system may receive official debit notes, reminders, and decision notifications through that channel, and such electronic notifications are treated as valid notice by the CPVO.
If a debit note for an annual fee remains unpaid after the initial notice, the holder must respond to the CPVO reminder and pay within the additional one-month period to avoid cancellation of the right.