Transcript Anti-Piracy CASE STUDY

Enforcement of Plant Breeders’
Rights on illegal import of cut
flowers under the EU anti-piracy
regulation
Christchurch (NZ) 24 May 2007
HIDDE J. KOENRAAD
Introduction
• case study: illegal imports of Gerbera cut flowers into the
Netherlands and Belgium
• company involved: Gerbera & Anthurium cut flower and
potplant culture
- Appr. 30 Israeli growers, appr. 27 national and Community
PVRs
- objective: written license/royalty agreements
- actions in Israël, The Netherlands and Belgium
Anti-Piracy Regulation
Council Regulation (EC) No 1383/2003 of 22 July 2003
concerning customs action against goods suspected of
infringing certain intellectual property rights and the
measures to be taken against goods found to have
infringed such rights
Application for customs actions:
•
certificates of registration PVRs
•
technical description and photos of cut flowers
•
particulars identifying the flower boxes
•
intended destination(s) of the plant materials
•
means of transport / possible arrival dates
•
identity of the importers, exporter and growers
Customs actions in the
Netherlands and Belgium
• direct contact with customs authorities
• inspection and analysis of intercepted goods
• suspension of release and detainment
• perishable goods: very short time limits!
• cease and desist letters and statements
(translations!)
• threat of destruction/degeneration of infringing
flowers
Simplified procedure for destruction
EU Anti-Piracy Regulation:
- destruction of detained suspected plant materials
- statement that plant materials are infringing PVRs by
rightholder
- consent of alleged infringer, or if no (timely) reaction to demand
letter: presumed consent by alleged infringer
In the Netherlands:
- release of intercepted flowers after signing license agreement
possible
- simplified procedure for destruction without court case possible
In Belgium:
- no release of flowers after signing license agreement
- initiating legal procedure mandatory (?)
Practical/ legal difficulties
- short terms: thorough preparation is
essential!
- identification of plant materials: use of
experts and circumstantial evidence;
- initiating legal proceedings in Belgium
mandatory?
- interpretation of Article 12 AP-Regulation: use
of particulars cited in Article 9(3);
- cut flowers = ´harvested material´.
Contact details:
[email protected]
+31(0)20 3013030