The Plant Breeders' Rights Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Plant Varieties Act 1997.

The Regulations prescribe how applications are to be made pursuant to the legislation governing plant breeders' rights (regulation 3).

The Regulations require certain matters to be published in the Plant Varieties and Seeds Gazette (regulation 5). They set out who may make representations and be heard and also prescribe the relevant procedure (regulations 6, 7, 8 and 9).

The Regulations specify, as 2 years, the period which must elapse between the grant of plant breeders' rights and the coming into force of a compulsory licence (regulation 10).

The Regulations provide an appeal to the Tribunal against a decision of the Controller to refuse an application, pursuant to section 25(3)(a) of the Plant Varieties Act 1997, by an organisation or person to make representations in respect of an application for the grant of a compulsory licence (regulation 11).

The Regulations require that the Controller keeps a register of the names of plant varieties and a record of plant varieties and set out the information which must be included in that record (regulation 12).

The Regulations revoke secondary legislation made under the Plant Varieties and Seeds Act 1964 save insofar as it applies to the Isle of Man. They also save certain legislation relating to the naming of varieties (regulation 21).

The register, plant varieties records and reports of tests and trials are available for inspection at the Plant Variety Rights Office at White House Lane, Huntingdon Road, Cambridge CB3 0LF at all reasonable times free of charge. Copies of entries on the register and plant varieties records and reports may be obtained on payment of a reasonable charge.

These regulations are cost-neutral and therefore no regulatory appraisal is needed.