La tutela judicial en caso de infracción de las variedades vegetales. La importancia del tiempo en su ejercicio

Abstract

The system of protection of the right of creators of plant varieties as a catalyst for research, the improvement of productivity and competitiveness of the agricultural sector is provided for on a unitary and autonomous basis in the European Union in Regulation (EC) 2100/94, of the Council, of July 27, which establishes a type of industrial property, recognizing its owner an exclusive right of registry court. The study of these substantive requirements or the procedure for granting the plant variety protection title is not the object of this work. Here it is interesting to expose the material and temporal scope of this protection to analyze its judicial protection in case of infringement, with reference to the jurisdiction, legitimation, procedure and applicable actions, with special mention to the prescription.