The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Interpretation

1.  In this schedule—

“CPVO” means the Community Plant Variety Office, being an agency of the European Union(1);

“CPVO protocols” means protocols produced by the CPVO for distinctness, uniformity and stability tests in relation to the relevant species that are available at the beginning of the growing trial(2);

“distinctness” (and “distinct”) in relation to a variety, is to be construed in accordance with paragraph 9;

“the register” means the register of varieties maintained by the Scottish Ministers under paragraph 2;

“stability” (and “stable”) in relation to a variety, is to be construed in accordance with paragraph 11;

“technical questionnaire” means the technical questionnaire set out in—

(a)

any CPVO protocols published in relation to the relevant species; or

(b)

where no such CPVO protocols have been published as mentioned in sub-paragraph (a), any UPOV guidelines published in relation to the relevant species; or

(c)

where no such protocols as mentioned in sub-paragraph (a) or guidelines as mentioned in sub-paragraph (b) have been published, a protocol or guidelines established by or on behalf of the Scottish Ministers in relation to the same matters;

“uniformity” (and “uniform”) in relation to a variety, is to be construed in accordance with paragraph 10;

“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants(3); and

“UPOV guidelines” mean test guidelines for the conduct of tests for distinctness, uniformity and stability that have been produced for the relevant species by the UPOV and which are applicable at the beginning of the growing trial(4).

(1)

The CPVO is located at 3 boulevard Maréchal Foch, FR – 49000 ANGERS, France.

(2)

A list of applicable protocols is available on http://cpvo.europa.eu/en//applications-and-examinations/technical-examinations/technical-protocols.

(3)

UPOV is located at 34, chemin des Colombettes, CH-1211 Genève 20, Switzerland.

(4)

A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.