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This chapter analyses the role of rights in the Community legal order and their impact on judicial review. It begins with a discussion on the evolution of Community rights, revealing the input from the European Court of Justice (ECJ), the Court of First Instance (CFI), and the Community political organs. It then provides an overview of the concerns voiced about the protection of rights within the Community prior to the Charter of Fundamental Rights of the European Union. The focus shifts to the Charter of Fundamental Rights, its genesis, and content. It concludes by examining the broader relevance of human rights within the EU.

This chapter deals with the scope of protection once the material and formal conditions for the granting of Community plant variety rights have been granted. It discusses the scope of rights, the limitation of rights, and the duration and termination of rights. It also highlights the acts to which only the holder of the Community plant variety right is entitled, and the products obtained directly from harvested material. This chapter highlights essentially derived varieties and explains the use of variety denominations, as the holder of the plant variety right is entitled to take action in court against persons who omit the correct usage of such denominations. It talks about the Community plant variety rights that are granted after accession of new Member States to the European Union, which are applied throughout the territories of both the new and old Member States.

This chapter looks at Part VI of the Basic Regulation that deals with civil law claims against infringements of Community plant variety rights and jurisdiction in Articles 94 to 107. It reviews Article 94 of the Basic Regulation that determines the infringing activities and the conditions under which infringement and compensation claims are given. It also analyses Article 97 that outlines the applicable law for claims regarding any gains the infringer may have made at the expense of the owner of the infringed rights. This chapter describes Community plant variety rights that have uniform effect within the territory of the Community, which can be partially guaranteed by the Basic Regulation. It explains how the application and registration proceedings result in a right that is the same throughout the EU.

This chapter provides an analytical discussion of some major themes in Gewirth's Community of Rights and Self-Fulfillment. The focus of the chapter is on how rights- and duty-bearing agents interact to create political community, and how the rights to freedom and well-being posited by his moral theory include the right to develop a conception of the good life to be pursued through political community. Such a community will enable capacity-fulfilment, self-respect, and self-esteem. The chapter draws out of Gewirth's work the notion of a reasonable, situated, mutualist self, able to cooperate with other such selves to enact both the just and the good.

This chapter discusses the Basic Regulation and the Proceedings Regulation that contain a diversity of provisions on procedures, which relate to application procedures, objection procedures, or appeal procedures. It describes the Community plant variety rights system that opens the possibility for breeders to apply for Community plant variety rights. It also explains the specific procedure of framework of the Community system, which complies with fundamental principles on legitimate expectations and the right to a fair hearing. This chapter deals with the ancillary procedures relating to variety denominations, the objection procedure, and the procedure on access to documents. It highlights specific procedures to be followed concerning the application for a compulsory licence and requests for nullity and cancellation.

This chapter looks at the system laid down in the International Union for the Protection of New Varieties of Plants (UPOV) Convention, which implies that only the breeder of a variety has a claim on a plant breeders' right. It analyses the UPOV definition that qualifies the employer of the person who bred, or discovered and further developed, the variety of plants as the breeder. It also elaborates the responsibility of the Community Plant Variety Office (CPVO) in examining the entitlement to a Community plant variety right. This chapter reviews the technical questionnaire that requires the applicant to indicate 'breeding scheme, parents, other relevant information' for the completion of the form to confirm the credibility of plant breeders. It talks about the practice of the CPVO, which shows that the notion of breeding encompasses all techniques that are aimed at the creation of a new variety.

This chapter is about the Community Plant Variety Office (CPVO), which was created by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or the Basic Regulation. It explains the purpose of the implementation and application of the Basic Regulation. It also describes CPVO as an agency of the European Union (EU), which is a body governed by European public law that is distinct from the EU institutions. This chapter describes the resources that led the European Parliament, the EU Council, and the European Commission to launch an inter-institutional dialogue on decentralized agencies in 2009. It points out, as stated in the Basic Regulation, that the decisions of the CPVO will be taken by a committee of three members of its staff.