IP case law Court of Justice

Referral C-186/18 (José Cánovas Pardo, 9 Mar 2018)

Is an interpretation according to which, provided that the period of three years has elapsed, since the holder, once Community protection of the plant variety right was granted, became aware of the infringing act and the identity of the infringer, the actions provided for under Articles 94 and 95 of the Regulation would be time-barred, although the infringing acts were continuing until the time the action was brought, contrary to Article 96 of Regulation (EC) No 2100/94? 1

If the first question is answered in the negative, is it to be considered that, in accordance with Article 96 of Regulation (EC) No 2100/94, the limitation period operates only in respect of infringing acts committed outside the three-year period, but not in respect of those taking place within the last three years?

If the answer to the second question is in the affirmative, in such a situation could the action for an injunction and also for damages succeed only in relation to those latter acts taking place within the last three years?

Case details on the CJEU website (external link)