The Plants Breeders' Rights (Fees) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact, with amendments, the Plant Breeders' Rights (Fees) Regulations 1990, as amended. They prescribe fees in respect of various matters relating to plant breeders' rights arising under the Plant Varieties Act 1997 or the Plant Breeders' Rights Regulations 1998 (regulation 3 and Schedule 1).

Application, test, grant and renewal fees have been increased by 3.5 per cent, rounded to the nearest £5, except for roses where the fees reflect improved testing arrangements. Other fees have been increased by £5 except the fee for the purchase of a report from a testing authority in another country which has been decreased to accord with the international charge of 350 Swiss francs.

The matters in respect of which the revised fees are prescribed are listed in Schedule 1 and the fees which were chargeable before these Regulations come into force are printed in italics beside the revised fees.

One of the effects of the Plant Varieties Act 1997 is that plant breeders' rights are available in respect of all genera and species and not merely those which were identified in Schemes made under the Plant Varieties and Seeds Act 1964. This means that many of the entries listed in Parts I, II and III encompass more species or groups than under the previous regulations. However, it is not practicable to identify all those species or groups so as to separate those varieties in respect of which a fee was previously payable from those in respect of which it was not.

These Regulations also make provision for the consequences of non-payment of fees (regulations 4 and 5).

A Regulatory Appraisal has been prepared and placed in the libraries of both Houses of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.