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ESA Seminar on Enforcement of Intellectual Property Rights Bruxelles, 20 Februari 2008

Enforcement of Plant Breeders’ Rights on illegal import of cut flowers under the EU anti-piracy regulation. ESA Seminar on Enforcement of Intellectual Property Rights Bruxelles, 20 Februari 2008 HIDDE J. KOENRAAD Attorney-at-law Vondst Advocaten. Introduction.

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ESA Seminar on Enforcement of Intellectual Property Rights Bruxelles, 20 Februari 2008

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  1. Enforcement of Plant Breeders’ Rights on illegal import of cut flowers under the EU anti-piracy regulation ESA Seminar on Enforcement of Intellectual Property Rights Bruxelles, 20 Februari 2008 HIDDE J. KOENRAAD Attorney-at-law Vondst Advocaten

  2. Introduction • CASE STUDY: Illegal imports of Gerbera cut flowers into the Netherlands and Belgium • COMPANY: Gerbera & anthurium cut flower and potplant culture • OTHER PARTIES: Appr. 30 Israeli growers, appr. 27 national and Community PVRs • OBJECTIVE: Written license/royalty agreements • ACTIONS: In Israël, The Netherlands and Belgium

  3. 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

  4. 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

  5. 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! warning letters and cease and desist statements threat of destruction/degeneration of infringing flowers

  6. 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 warning 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 (?)

  7. Some practical / legal points of attention short terms: thorough preparation is essential! identification of plant materials: experts/ circumstantial evidence; interpretation of Article 12 AP-Regulation: use of particulars cited in Article 9(3); transito goods;

  8. Contact details:hidde.koenraad@vondst-law.com+31(0)20 504 2000

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