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ARTICLE · 25 MAY 2020

G3/19: An End To The Saga…

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On 14th May the Enlarged Board of Appeal issued its opinion on the questions referred in case G3/19, otherwise known as the ‘Pepper' case.

European UnionIntellectual Property
Ellie Purnell
Ellie Purnell
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On 14th May the Enlarged Board of Appeal issued its opinion on the questions referred in case G3/19, otherwise known as the 'Pepper' case1. HGF have been following the case with interest, and attended the original Board of Appeal hearing which lead to the referral, our last update can be found here.

The opinion marks the potential end to a saga which has created legal uncertainty in the field of plant and animal breeding and selection for over a decade. The issues began back in 2007 when the first referral to the Enlarged Board was made on the subject. This case became known as the infamous 'Broccoli I' decision of G2/072 and the subsequent related decision of 'Tomatoes I' of G1/083 . Enlarged Board of Appeal decisions usually produce final and binding decisions on issues of legal interpretation, however the tale of broccoli and tomatoes rumbled on to create two more subsequent referrals; G2/12 and G2/134 were consolidated and the decisions were issued together in

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