Plant Varieties and Seeds Act 1964

Part I U.K. Priorities between Applicants for Rights

1 (1) If the variety was independently bred or discovered by two or more persons, the first of those persons [F1 (and any successors in title of theirs)] who makes an application relating to the variety [F2 under] this Act shall be the person entitled to a grant of plant breeders’ rights.

(2) As between two persons making applications on the same date, the one who was first in a position to make a valid application for the grant of plant breeders’ rights (or would have been first in that position if Part I of this Act and the relevant scheme had always been in force) shall be the person entitled to a grant of plant breeders’ rights.

Textual Amendments

F1 Words inserted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(1)

F2 Word substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(1)

2 (1) For the purposes of the foregoing paragraph an application duly made in a country to which this paragraph applies when the application is made shall be treated as if duly made under this Act if the conditions in this paragraph are satisfied.

(2) No account shall be taken under this paragraph of an application made in a country outside the United Kingdom at a time when the plant variety to which the application relates was not one falling within a species or group prescribed by a scheme under this Act as a species or group in respect of which plant breeders’ rights may be granted.

(3) Not more than 12 months after the application duly made in that country the applicant must make his application under this Act [F3 being an application] which includes a claim in respect of the priority of the application in the said country.

(4) Within 3 months of the application under this Act a copy of the documents constituting the application in the said country, certified as correct by the authority in that country to whom the application is made, must be submitted to the Controller.

(5) If applications have been made in more than one country to which this paragraph applies, and have been so made at different dates, the period of 12 months mentioned in sub-paragraph (3) of this paragraph shall be taken from the earlier or earliest of those applications, and sub-paragraph (4) of this paragraph shall be construed accordingly.

(6) If priority is established for an application by virtue of this paragraph after a grant of plant breeders’ rights has been made in pursuance of an application against which priority is established, the Controller shall terminate the period for which the rights under the grant are exercisable.

An appeal shall lie to the Tribunal against a decision of the Controller to act under this sub-paragraph.

(7) The Ministers may by order contained in a statutory instrument from time to time designate any country or territory outside the United Kingdom as a country to which this paragraph applies, and from time to time vary or revoke any such order, but not so as to prejudice applications already made in the United Kingdom or elsewhere.

Textual Amendments

F3 Words substituted by Plant Varieties Act 1983 (c. 17, SIF 2:9), s. 4, Sch. 1 para. 8(2)

3 Regulations under section 9 of this Act may provide for the forfeiture of any priority obtained under the foregoing provisions of this Schedule if the person making the application does not within a period prescribed by the regulations satisfy all the requirements which are to be satisfied by an applicant before a grant of plant breeders’ rights can be made.