UDC 341:581.5:001.6
Biblid: 1451-3188, 11 (2012)
Vol. 12, No 42, pp. 197-210

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Dabović Dušan (Министарство пољопривреде, шумарства и водопривреде – Управа за заштиту биља, Београд), dusan.dabovic@minpolj.gov.rs

The system of Community Plant Variety Right was created in 1994, by adoption of the Council Regulation (EC) No 2100/94 on Community plant variety rights and its amending regulations. This system operates alongside the national systems of the member countries, offering a single application process and protection that covers all member states. Since that time, the number of plant variety applications and rights granted has steadily increased at EU level, and has been decreasing in many member states. Therefore, the aim of this study was to determine the basic elements of the system of plant variety rights in the European Union - its purpose, the taken measures and the content of the Regulation – as well as the importance of the system for the Republic of Serbia. The study used the legal method, the comparative method and the method of text analysis. In terms of purpose, it was found that the system of the Community plant variety rights was established not only to harmonize the Member States’ policies in this area, but also to stimulate the creation of new plant varieties, in accordance with the International Convention for the Protection of New Plant Varieties. In this paper as EU measures in this field are allocated: leveling the definitions of the basic terms, the establishment of the Community Plant Variety Office, and the procedure for protection of plant variety rights (which consists of several stages: application, technical testing, plant variety denominations and appeal procedure). This paper notes that the Law on Protection of Breeders of Plant Varieties, which was enacted in Serbia in 2009, introduced many innovations in this area, in accordance with the Regulation 2100/94.

Keywords: Agriculture, plant variety, EU legislation, Regulation