COMMISSION REGULATION (EC) No. 355/2008 of 21 April 2008 AMENDING REGULATION (EC) No. 1239/95 AS REGARDS THE USE OF ELECTRONIC MEANS OF COMMUNICATION IN PROCEEDINGS BEFORE THE COMMUNITY PLANT VARIETY OFFICE*
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 114 thereof,
After consulting the Administrative Council of the Community Plant Variety Office,
Whereas:
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EC) No 1239/95 is amended as follows:
1. in Article 2, paragraph 3 is replaced by the following:
'3. Addresses shall contain all the relevant administrative information, including the name of the State in which the party to proceedings is resident or where his seat or establishment is located. Only one address should preferably be indicated for each party to proceedings; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the party to proceedings designates one of the other addresses as an address for service.
The President of the Office shall determine the details concerning the address including any relevant details of other data communication links.';
2. Article 16 is amended as follows:
(a) paragraph 1 is replaced by the following:
'1. An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the Basic Regulation.
Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.';
(b) paragraph 3 is replaced by the following:
* English text provided by the European Community as published in the Official Journal L 110/3 of April 22, 2008.
European Community Commission Regulation No. 355/2008
‘3. The Office shall make available the following forms free of charge:
4. The applicant shall fill in and sign the forms provided for in paragraph 3. Where the application is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.';
3. Article 28 is replaced by the following:
‘Article 28
The proposal for a variety denomination shall be signed and shall be filed at the Office, or, if the proposal accompanies the application for a Community plant variety right filed at the national agency designated or the sub-office established pursuant to Article 30(4) of the Basic Regulation, in duplicate.
The Office shall make available, free of charge, a form for the purposes of proposing a variety denomination. 39.Where the proposal for a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.';
‘1. Within three months after closure of the oral proceedings, the decision on the appeal shall be forwarded in writing, by any means provided for in
European Community Article 64(3), to the parties to the appeal proceedings.';
'Article 57
Where the request is complied with within the period specified, the date of receipt of the signed document
Commission Regulation No. 355/2008 or of the retransmission shall be deemed to be the date of the receipt of the first document. Where the request is not complied with within the period specified, the document shall be deemed not to have been received.
5. Such document must be communicated to other parties to proceedings as well as to the Examination Office concerned, or documents relating to two or more applications for a Community plant variety right or an exploitation right, shall be filed in a sufficient number of copies. Missing copies shall be provided at the expense of the party to the proceedings.
The first subparagraph shall not apply to documents submitted by electronic means.
Article 58
9. Article 64 is replaced by the following:
'Article 64
(a) by post in accordance with Article 65;
European Community
The President of the Office shall determine the details concerning service by electronic means.
4. Documents or copies thereof containing actions for which service is provided in Article 79 of the Basic Regulation shall be served by registered letter with advice of delivery served by postal means; it can also be served by electronic means to be determined by the President of the Office.’;
‘2. If a time limit expires on a day on which there is a general interruption or a subsequent dislocation in the delivery of mail in a Member State or between a Member State and the Office, the time limit shall be extended until the first day following the end of the period of dislocation or interruption in the delivery of mail for parties to proceedings having their domicile or seat or establishment in the Member State concerned or having appointed procedural representatives with a seat in that State. Should the Member State concerned be the State in which the Office is located, this provision shall apply to all parties to proceedings. The duration of the period of interruption or dislocation shall be as stated and communicated by the President of the Office.
As regards documents submitted by electronic means, the first subparagraph shall apply mutatis mutandis in cases where there is an interruption of the connection of the Office to the electronic means of communication.’;
13. in Article 78(3), the following subparagraph is added:
‘The President of the Office shall determine the form
Commission Regulation No. 355/2008 of Registers. The Registers may be maintained in the form of an electronic database.';
14. in Article 79, paragraph 1 is replaced by the following:
'1. Any transfer of Community plant variety rights shall be entered in the Register of Community Plant Variety Rights on production of documentary evidence of the transfer, or of official documents confirming the transfer, or of such extracts from those documents as suffice to establish the transfer. The Office shall retain a copy of those pieces of documentary evidence in its files.
The President of the Office shall determine the form in and the conditions under which those pieces of documentary evidence are to be retained in the files of the Office.';
15. Article 83 is replaced by the following:
'Article 83
16. in Article 87 the following paragraph 3 is added:
'3. The President of the Office shall determine the manner in which the Official Gazette is published.';
17.Article 91 is amended as follows:
paragraph 1 is replaced by the following:
'1. Inspection of files under Article 91(1) of the Basic Regulation shall be of copies of the files issued by the Office exclusively for that purpose.'.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
European Community Commission Regulation No. 355/2008