Q14

What is meant by the “notification” (annex 4 of of the Internal Regulations)?
To make use of the non-asserts it is required to notify the holder of those patents for which the ILP member wants to use the non-asserts.

Members have now the option to make a general declaration (option 1 of annex 4) in which case specific varieties or patents do not have to be mentioned.

A member who is interested to know which varieties that are protected by a Variety patent are also protected by a Committed Patent, can use option 2 of annex 4. In this case specific varieties have to be mentioned and the patent holder will need to inform which varieties that are protected by a Variety patent are also protected by a Committed Patent. However, the number of varieties need to be within reason. And also the non-asserts will only apply to the varieties that are specifically mentioned.

In case a Member intends to make use of the non-assert for bag tags, he has to choose option 1 of annex 4 to notify. Option 2 is limited to the non-asserts under Variety patents and Committed Patents. However, ILP members can also use both options in parallel.

The effect of the non-asserts only starts after the notification has been made.
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