Burden of proof in Nullity and cancellation proceedings before the CPVO

26-05-2017 Print this page
B914971

BIE special 2017, p. 7-12, Martin Ekvad:  "The Basic Regulation does not contain explicit rules on burden of proof as regards proceedings before the Community Plant Variety Off ice (below referred to as the Off ice or CPVO). There is however a reference in Article 81 Basic Regulation1 stating that in the absence of procedural provisions, the Office shall apply the principles of procedural law which are generally recognized in the Member State."