SCHEDULES

SCHEDULE 1

4

(1)

If at any time the Controller is satisfied that there has been a breach of the undertaking given under paragraph 1 of this Schedule, he may refuse the application for the grant of plant breeders’ rights or, as the case may be, may terminate the period for which plant breeders’ rights are exercisable.

F1(1A)

An appeal shall lie to the Tribunal against a decision under this paragraph to terminate the period for which plant breeders’ rights are exercisable.

(2)

If there is a breach of an undertaking under paragraph 1 of this Schedule given by an applicant, the applicant shall be guilty of an offence and shall be liable on summary conviction—

(a)

in the case of a first offence under this sub-paragraph, to a fine not exceeding F2fifty poundsF2level 3 on the standard scale, and

(b)

in the case of a second or subsequent offence under this sub-paragraph, to a fine not exceeding F2one hundred poundsF2level 3 on the standard scale.