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Plant Varieties Act 1997
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40Application of Part I to existing rights
(1)Subject to the following provisions of this section, this Part of this Act applies in relation to existing rights as it applies in relation to plant breeders' rights granted under this Part of this Act.
(2)Section 5 above shall not apply in relation to existing rights.
(3)Section 11 above shall only apply to existing rights if the effect is to extend the period for which the rights are exercisable.
(4)In this section, “existing rights” means plant breeders' rights granted under Part I of the [1964 c. 14.] Plant Varieties and Seeds Act 1964 which are exercisable on the coming into force of this Part of this Act.
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