Regulation (EC) No 1610/96 of the European Parliament and of the CouncilShow full title

Article 1 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘plant protection products’: active substances and preparations containing one or more active substances, put up in the form in which they are supplied to the user, intended to:

(a)

protect plants or plant products against all harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not otherwise defined below;

(b)

influence the life processes of plants, other than as a nutrient (e.g. plant growth regulators);

(c)

preserve plant products, in so far as such substances or products are not subject to special F1 ... provisions on preservatives;

(d)

destroy undesirable plants; or

(e)

destroy parts of plants, check or prevent undesirable growth of plants;

2.

‘substances’: chemical elements and their compounds, as they occur naturally or by manufacture, including any impurity inevitably resulting from the manufacturing process;

3.

‘active substances’: substances or micro-organisms including viruses, having general or specific action:

(a)

against harmful organisms; or

(b)

on plants, parts of plants or plant products;

4.

‘preparations’: mixtures or solutions composed of two or more substances, of which at least one is an active substance, intended for use as plant protection products;

5.

‘plants’: live plants and live parts of plants, including fresh fruit and seeds;

6.

‘plant products’: products in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, derived from plants, but excluding plants themselves as defined in point 5;

7.

‘harmful organisms’: pests of plants or plant products belonging to the animal or plant kingdom, and also viruses, bacteria and mycoplasmas and other pathogens;

8.

‘product’: the active substance as defined in point 3 or combination of active substances of a plant protection product;

9.

‘basic patent’: a patent which protects a product as defined in point 8 as such, a preparation as defined in point 4, a process to obtain a product or an application of a product, and which is designated by its holder for the purpose of the procedure for grant of a certificate;

10.

‘certificate’: the supplementary protection certificate;

11.

[F2 ‘comptroller’ means the Comptroller-General of Patents, Designs and Trade Marks;

12.

‘court’ means—

(a)

as respects England and Wales, the High Court;

(b)

as respects Scotland, the Court of Session;

(c)

as respects Northern Ireland, the High Court in Northern Ireland;

13.

‘EEA authorization’ means an authorization to place a plant protection product on the market which has effect in an EEA state in accordance with Regulation(EC) No 1107/2009;

14.

‘patent’ means a patent which has effect in the United Kingdom;]

15.

[F3 “GB authorisation” means an authorisation, to place a plant protection product on the market in England and Wales and Scotland, granted or having effect as if granted under Regulation (EC) 1107/2009;

16.

“NI authorisation” means an authorisation, to place a plant protection product on the market in Northern Ireland, granted or having effect as if granted in accordance with Regulation (EC) 1107/2009 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

17.

“prescribed” means prescribed by rules under section 123 of the Patents Act 1977.]

Textual Amendments

F1 Words in Art. 1(1)(c) omitted (31.12.2020) by virtue of The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 20(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 1(11)-(14) inserted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 20(3) (as amended by S.I. 2020/1050, regs. 1(2), 31 and S.I. 2020/1471, regs. 1(2), 2(3) (with reg. 7)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(15)-(17) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 2 (with reg. 7)