CIOPORA requests that infringers of IP rights shall be obliged to compensate all reasonable costs incurred by enforcement proceedings. 10.3 Specialized Courts Plant Breeders´ Rights law is due to the specifics of the material incurred difficult and to judge about such – – cases it needs special knowledge. Thus, it is advisable to direct Plant Breeders´ Rights court cases to selected courts, which are specialized in Plant Breeders´ Rights law or at least to courts that already are established for patent infringement cases because of similar experience in industrial property. This guarantees a unitary and qualified case law. 10.4 Use of molecular techniques for the enforcement The effective enforcement of IP rights is of utmost importance for breeders. CIOPORA supports the elaboration of a standard modus operandi of DNA analysis as an additional tool to improve the enforcement of IP rights; molecular markers are then very useful for variety identification. Particularly in regard to the harvested material of fruit varieties, such as apples or grapes, DNA analysis is the only way to prove or at least to provide a prima facie proof that the harvested material belongs to a protected variety, because in most fruit species it is not possible to produce a true-to-type plant from the harvested material. [Appendix II follows]
CIOPORA requests that infringers of IP rights shall be obliged to compensate all reasonable costs incurred by enforcement proceedings. 10.3 Specialized Courts Plant Breeders´ Rights law is – due to the specifics of the material incurred – difficult and to judge about such cases it needs special knowledge. Thus, it is advisable to direct Plant Breeders´ Rights court cases to selected courts, which are specialized in Plant Breeders´ Rights law or at least to courts that already are established for patent infringement cases because of similar experience in industrial property. This guarantees a unitary and qualified case law. 10.4 Use of molecular techniques for the enforcement The effective enforcement of IP rights is of utmost importance for breeders. CIOPORA supports the elaboration of a standard modus operandi of DNA analysis as an additional tool to improve the enforcement of IP rights; molecular markers are then very useful for variety identification. Particularly in regard to the harvested material of fruit varieties, such as apples or grapes, DNA analysis is the only way to prove or at least to provide a prima facie proof that the harvested material belongs to a protected variety, because in most fruit species it is not possible to produce a true-to-type plant from the harvested material. [Appendix II follows]
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