Good reasons to take the weekend off include the fact that by not being too keen, one avoids certain errors. So I’m glad I didn’t see Patrick’s original post on an opinion delivered by an EU Advocate General in the matter of Association Kokopelli vs Graines Baumaux SAS. ((And by no means the first time they’ve come to blows, as it were.)) At least, not until after he had got things straighter. Here is Patrick’s view of the Advocate General’s views:
First of all the Advocate-General said it is not legal to interpret EU or French Seed Laws as meaning you cannot sell unlisted varieties. YOU ARE ALLOWED TO SELL UNLISTED VARIETIES.
Secondly, the provisions of EU Seed Law that refer to the DUS standard are NOT VALID.
Don’t get your hopes too high for a legal seed supply revolution in Europe. As Patrick explains, there’s a lot more that still needs to happen. But the possibility is that it just might happen, and then Europeans will be in the happy state enjoyed by the entire rest of world, able to buy, sell and grow whatsoever varieties they choose.
If anyone’s interested, the Advocate-General’s opinion is now available in English.